HR Advice Hub

Employee Off Sick But Seen Out? What Employers Should Do Before Jumping to Conclusions

It can be frustrating for employers to discover that an employee who is off sick has been seen out shopping, at the gym, in a pub, enjoying themselves on social media or even going on holiday.

It is natural to question whether they are genuinely unwell, but appearances can be misleading. Before making assumptions or taking disciplinary action, it is important to understand what sickness absence actually means and to approach the situation fairly. A rushed decision could not only damage the employment relationship but also expose your business to unnecessary legal risk.

Does Being Out Mean an Employee Isn't Really Sick?

Not necessarily. Being signed off sick does not mean someone must remain at home 24 hours a day. Whether an activity is appropriate depends entirely on the reason for their absence. For example:

• An employee signed off with work-related stress may benefit from meeting friends for coffee, walking the dog or spending time with family.

• Someone recovering from surgery may be encouraged to go for gentle walks as part of their rehabilitation.

• An employee with a broken arm may still be perfectly capable of shopping or attending a family event.

• An employee experiencing anxiety may find that maintaining some normal routines helps support their recovery.

In many cases, these activities can actually support recovery rather than delay it.

What About Social Media?

Social media often only shows a snapshot of someone's life. A photograph of an employee smiling at a birthday meal or attending an event does not tell you how they felt before or afterwards, whether they attended for a short time, or whether doing so was recommended as part of their recovery.

Equally, photographs and videos can sometimes be old and may not have been posted at the time they were taken. For these reasons, employers should avoid relying solely on social media as evidence that someone is not genuinely ill.

Can an Employee Go on Holiday Whilst Off Sick?

Yes, they can. There is no law that automatically prevents an employee from going on holiday whilst they are off sick. Whether it is appropriate depends on the reason for their absence and whether the holiday is consistent with their recovery.

For example, an employee who is signed off with work-related stress may genuinely benefit from a relaxing break away, spending time with family or having a change of environment. Equally, someone recovering from a physical injury may still be able to enjoy a holiday if it does not conflict with the medical advice they have received.

However, if an employee is signed off because they are unable to walk but is then seen skiing, hiking or taking part in physically demanding activities, it would be reasonable for an employer to ask questions about whether the holiday is consistent with the reason for their sickness absence.

Employees should also remember that being on sick leave does not remove their obligation to comply with their employer's sickness absence reporting procedures. Depending on the circumstances, it is generally good practice to let their employer know if they intend to travel whilst off sick, particularly if they will be difficult to contact or are due to attend review meetings or Occupational Health appointments.

Ultimately, the fact that an employee has gone on holiday is not, in itself, evidence of misconduct. Employers should focus on whether the holiday appears inconsistent with the medical reason for the absence rather than making assumptions based solely on where the employee is.

When Could It Be a Concern?

There are situations where what you see may raise legitimate questions. For example, if an employee:

• Is signed off with a back injury but is seen carrying heavy furniture.

• Reports that they are unable to walk but is seen completing a sponsored run.

• Says they are too unwell to work but is working another job during the same period.

• Is undertaking activities that appear directly inconsistent with the medical reason for their absence.

These situations do not automatically mean the employee is being dishonest, but they may justify further enquiries.

Don't Act on Rumours

Managers sometimes receive comments from colleagues saying they have seen an employee out and about. While these concerns should not be ignored, they should also not be treated as proof of misconduct.

Similarly, employers should be cautious about actively monitoring employees' social media accounts or encouraging colleagues to do so. Any information used should have been obtained lawfully and handled appropriately.

Speak to the Employee First

If you have genuine concerns, the first step should usually be to have an open conversation with the employee. There may be a perfectly reasonable explanation that you were unaware of. For example:

• Their GP or Occupational Health adviser may have encouraged them to stay active.

• The activity may have formed part of their rehabilitation.

• The photographs may have been taken before they went off sick.

• The information you received may simply be inaccurate.

Giving the employee an opportunity to explain demonstrates fairness and helps avoid unnecessary conflict.

Consider the Medical Evidence

Before reaching any conclusions, consider all of the available information, including:

• Fit notes from the employee's GP.

• Occupational Health advice (if available).

• Previous absence history.

• The employee's explanation.

• Whether the activity genuinely conflicts with the reason they are absent.

Looking at the wider picture is far more reliable than relying on one photograph or a single report from a colleague.

Be Mindful of Disabilities

Where the employee has a disability under the Equality Act 2010, employers should take particular care before making assumptions. Many long-term health conditions fluctuate, meaning an employee may feel well enough to carry out certain activities on some days but still be unable to perform their role effectively. Likewise, activities that appear inconsistent with their condition may actually form part of their treatment or rehabilitation.

Taking disciplinary action without properly considering the medical evidence or the employer's obligations could expose the business to discrimination claims.

Could This Become a Disciplinary Matter?

Potentially, yes. If there is evidence that an employee has deliberately exaggerated or fabricated an illness, provided misleading information or is abusing sick leave, this could amount to misconduct and may justify a formal investigation.

However, employers should ensure they have gathered sufficient evidence before starting disciplinary action. Jumping to conclusions without properly investigating can expose the business to unnecessary legal risk and damage employee trust.

Should Employers Carry Out Further Investigations?

Where there are genuine concerns that an employee may not be being truthful about their sickness absence, it may be appropriate to investigate further.

The extent of any investigation should always be reasonable and proportionate. Depending on the circumstances, this could include speaking to the employee, obtaining updated medical evidence, referring them to Occupational Health or reviewing relevant information that has come to light.

In more serious cases, employers sometimes consider surveillance or other forms of investigation. These situations should be approached with caution, ensuring any action is lawful, proportionate and supported by genuine concerns. Seeking specialist HR or legal advice before taking this step is often sensible.

Be Consistent in Your Approach

Whatever concerns arise, employers should deal with them consistently. Similar situations should be handled in a similar way wherever possible. Taking a different approach to employees without a good reason can lead to allegations of unfair treatment or discrimination.

Having a clear sickness absence policy, keeping accurate records and following a fair process will help managers make consistent decisions.

Focus on Facts, Not Assumptions

It is easy to make assumptions when an employee is seen out during sickness absence, but the reality is often more complicated. The key question is not whether they left the house, went on holiday or appeared to enjoy themselves. It is whether their actions are genuinely inconsistent with the medical reason they are absent from work.

By approaching these situations objectively, gathering the facts, considering the medical evidence and giving employees the opportunity to explain, employers are far more likely to reach a fair and defensible outcome.

Need HR Support?

Managing sickness absence is rarely straightforward, particularly where concerns arise about whether an employee is genuinely unable to work. Knowing when to ask questions, when to seek medical advice and when a formal investigation may be appropriate can be difficult.

If you need support managing sickness absence, making an Occupational Health referral, investigating concerns or handling a disciplinary process fairly, BloomHR can help. Contact us for more information.