Hiring A Private Investigator To Gather Information On 'Sick' Employees
Published on: 06/08/2015
Article Authors The main content of this article was provided by the following authors.
Jennifer Cashman Partner and Head of Employment Group, RDJ LLP
Jennifer Cashman Partner and Head of Employment Group, RDJ LLP
Jennifer cashman 2022

Jennifer Cashman has more than 20 years’ specialist experience advising a wide range of employers across a number of sectors. Recognised as a Leading Individual in Irish Employment Law in the 2023 edition of The Legal 500 Europe and is also recommended as a Leading Lawyer (Band 1) in Chambers Europe. Recognised thought-leader on various employment law and HR issues, in particular retirement ages and age discrimination. Clients praise Jennifer for her “practical, business-focused advice” and say “she gives "straight answers to straight questions… clearly very experienced and her delivery is fantastic - always clear and to the point."

We have a concern that one of our employees on long term sick leave is working outside of the Company while supposedly too ill to return to work for us. We are therefore considering hiring a Private Investigator to gather evidence to substantiate our concerns. Can we then use this evidence to discipline, and potentially dismiss the employee, for this activity? How do I handle it?

Jennifer Cashman writes:

Like you, many employers retain the services of Private Investigators to gather information on their employees, particularly where they have a concern like this about the employee’s conduct in or out of the workplace. While evidence gathered by a Private Investigator can be extremely useful for an employer, very considerable thought

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Disclaimer The information in this article is provided as part of Legal Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article. This article is correct at 06/08/2015
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