Employee off sick but is abroad

What's your views?

Had a text last night from an employee that has been on two weeks leave over the Christmas. Had a text on Monday checking what shifts they were working this week. Last night I had a text at 2100 saying they had been ill for a few days and had been to the doctor and wouldn't be back until Thursday. I've just rung their mobile and got a foreign ringtone. The sort of ringtone you get in Spain. After a couple of rings it changes to a UK tone and goes to voicemail. I call back and it goes straight to Orange voicemail.

How do I play this? She has a history of messing me about, booking holidays before booking leave, surprise holidays being booked for her by her family at the last minute and giving me 24 hours notice she won't be in for a week, this sort of thing. Clearly she is lying to me or has lied to me, so how shall I deal with this?

check to see if your findings are true and then act on them.

(With my old hat on):

First, as Phenom said, make absolutely sure you've got it right. Strange things can happen when you dial a mobile number, so try it at least once more.

Second, have you followed a proper procedure and warned her before? If so, and if this incident is proved, you can move onto the next step, which might be a final warning or even dismissal. If not, then don't try to sack her straight off: dismissals are only fair (or not unfair) if they're for a fair reason and fair procedure's been followed.

There's an ACAS Code of Practice on this (probably available to download from their website): it's not the law, but it can be used as evidence in a tribunal. In other words, if you've followed the Code of Practice you're covered.

Apologies if you already knew or have done all this.

If you check your unbilled calls, if it was from a mobile, it will tell you where the call connected. You can do this if you have on-line billing, or by phoning your network provider.

Have you got other avenues of proving your employee is abroad?

Checked social networking sites? People are a bit stupid sometimes, updating status or whatever to incriminate themselves.

Pop round with a get well card, see if they are there.

greenjock wrote:

If you check your unbilled calls, if it was from a mobile, it will tell you where the call connected. You can do this if you have on-line billing, or by phoning your network provider.

Interesting. I know it was a foreign ringtone. And I also know she is not above playing me for a fool.

Peggy, thanks for that. I did know all that. My knee jerk reaction is to tell her to do one. In reality, I will cover her shifts this week and suspend her. She has had verbal warnings before for this sort of practice.

I feel a disciplinary hearing coming on next week.

I am of the opinion that to deliberately lie and deceive me (as her employer) is Gross Misconduct?

Some disciplinary procedures have a list of what constitutes gross misconduct (although it's all still up for interpretation: I was once asked to comment on a draft which included the offences of 'out of office sexual relationships' and 'out of office use of illegal drugs', which did make me wonder what they got up to in work ....).

Regardless, it's best to keep an open mind: do your own investigations, listen to her side of the story and make a decision based on both. I think the ACAS Code's got a bit about loss of trust, by the way.

Also for the future make it clear to any employee that a text to let you know they are sick will not be. Make them call in, out of pure politeness if not for anything else

Update:

Just rung her home number. Asked to speak to her, and was told I'd have a problem because she's still in Cyprus and won't be home until tonight.

I now know she has lied. I have also spoken to ACAS and they say providing I have reasonable belief that she has been less than honest, I can discipline.

How stupid is she? I was made redundant just over a year ago, and have had less than a month's worth of paying work since then - and that's with a clean record, good qualifications and an excellent CV. Her chances of finding another job with the kind of record she's going to have must be zilch.

Let me know if you need an industrial relations specialist

whats an industrial relations specialist peggy ?

I could write a book on this but somebody already has!

She sounds like an employee that you need to get rid of within the realms of employment law, if she has a record of abuse then she deserves what's coming.

I've also been down the misuse of drugs problem, only it was regarding an employer and not an employee!

dane_b wrote:

whats an industrial relations specialist peggy ?

Somebody who's got qualifications and experience in industrial relations (which means anything to do with the employment relationship, or anything that happens at work).