Evidence-Led Investigations for Employers, HR Teams & Legal Advisors

Employee sick pay fraud and persistent absenteeism can expose organisations to significant financial loss, operational disruption, and legal risk.
Where concerns arise, acting without evidence can place employers at risk of unfair dismissal claims, wrongful termination disputes, or adverse Employment Tribunal outcomes.

FFIATS provides professional, lawful and defensible investigations into suspected sick pay abuse, false absenteeism, and employee misconduct — delivering evidence suitable for disciplinary action, Employment Tribunal proceedings, and civil litigation.

Our services are routinely instructed by Human Resources departments, in-house legal teams, and employment law firms.

Employee Sick Pay Fraud & Absenteeism – A Contractual Issue

Sick pay abuse and unauthorised absenteeism frequently amount to a breach of employment contract, particularly where an employee:

  • Misrepresents illness or incapacity
    • Undertakes secondary employment while on sick leave
    • Engages in activity inconsistent with declared medical limitations
    • Fails to follow sickness reporting procedures
    • Is absent without authorisation or justification

Professional investigation allows employers to establish whether contractual obligations have been breached, rather than relying on assumption or hearsay.

Why Evidence Matters in Employment Tribunal & Legal Proceedings

Employment Tribunals and courts expect employers to demonstrate that:

✔ Decisions were based on objective evidence
✔ Investigations were reasonable and proportionate
✔ Evidence was gathered lawfully and ethically
✔ Procedures were fair and compliant

Our investigations are designed specifically to support:

  • Disciplinary and dismissal processes
    • Employment Tribunal defence
    • Solicitor-led litigation
    • Settlement negotiations
    • Internal grievance and appeal procedures

All evidence is collected with legal admissibility and scrutiny in mind.

How Our Employee Absenteeism Investigations Work

  1. HR / Legal Consultation

We begin with a confidential consultation, typically with HR or legal advisors, to understand:

  • The employment context
    • Contractual obligations
    • Absence patterns and concerns
    • Tribunal or litigation risk
    • Desired evidential outcomes

This ensures the investigation aligns with employment law and internal procedures.

 

  1. Lawful Surveillance & Intelligence Gathering

Where justified and proportionate, we can conduct covert surveillance in public spaces to observe behaviour that may contradict claimed incapacity.

Surveillance may identify:

  • Physical activity inconsistent with illness or injury
    • Regular attendance at secondary workplaces
    • Undeclared business or self-employment activity
    • Social or leisure activity during claimed incapacity

Surveillance is always lawful, targeted, and documented, with strict adherence to UK law and GDPR.

 

  1. Lawful Pre-Texting & Verification

Where appropriate, we may also use lawful pre-texting techniques to:

  • Confirm moonlighting or secondary employment
    • Establish working patterns inconsistent with sick leave
    • Verify availability during claimed incapacity

Pre-texting is conducted ethically and legally, without deception that would compromise admissibility or breach legal standards.

 

  1. Evidence Capture & Documentation

Investigations may produce:

  • Time-stamped photographic and video evidence
    • Activity logs and movement analysis
    • Corroborating open-source intelligence
    • Contextual behavioural assessment

All material is securely handled and preserved.

  1. Tribunal-Ready Reporting

You receive a structured, professional report suitable for:

  • Employment Tribunal submission
    • Solicitor and counsel review
    • HR disciplinary panels
    • Internal governance records

Reports clearly explain methodology, findings, and conclusions, ensuring transparency and defensibility.

 

Who Instructs This Service

Our Employee Sick Pay Fraud and Absenteeism Investigations are commonly instructed by:

  • HR departments
    • In-house legal teams
    • Employment law solicitors
    • Corporate compliance functions
    • Public and private sector employers

We are experienced in working directly under legal instruction and alongside ongoing proceedings

Legal & Ethical Compliance

All investigations are conducted in strict compliance with:

  • UK Employment Law
    • GDPR and Data Protection legislation
    • Surveillance and privacy law
    • ACAS principles of fairness and proportionality

We do not conduct intrusive, unlawful, or speculative investigations.

Why Employers Choose FFIATS

✔ Evidence-led, tribunal-defensible investigations
✔ Experience with employment disputes and litigation
✔ Lawful surveillance and verification techniques
✔ Discreet handling of sensitive employee matters
✔ Clear, professional reporting

Our role is to establish facts, not assumptions — protecting employers while ensuring fairness.

Fees & Engagement Structure

We provide transparent, pre-agreed pricing, with options including:

  • Fixed-fee investigations
    • Staged or phased enquiries
    • Legal-aligned engagement structures

All work is scoped to ensure proportionality and cost control.