Although the vast majority of NHS staff are honest, dedicated and hardworking, NHS Counter Fraud Authority figures show that concerns relating to sickness and working elsewhere are consistently the most common fraud reported, costing the NHS millions of pounds every year.
Such conduct could ultimately result in disciplinary proceedings that may result in dismissal for gross misconduct under your Trusts Sickness Absence Management Policy and Procedure* which usually refers to:
“Working for another employer (including undertaking bank, NHSP or agency work) during periods of sickness absence is not allowed and will be investigated as potential fraud against the Trust under the Trust’s Counter Fraud and Bribery Policy.
Any person found to have worked (whether paid or unpaid) without written permission from the Trust during periods of sickness absence will be subject to the Trust’s Counter Fraud and Bribery Policy and may be subject to disciplinary action, up to and including dismissal. As part of this, appropriate steps will be taken to recover any sums incorrectly paid to the employee as a result of fraud, including action through the Civil or Criminal Courts.”
As well as disciplinary action, sick pay may have to be repaid, conduct may also be referred for a professional body sanction, and in some cases the counter fraud team will commence a criminal investigation which ultimately may result in a police caution or a criminal conviction under the Fraud Act 2006.
A former NHS healthcare support worker was sentenced at the magistrates court in September 2024 to a 12-month high level community order of unpaid work. In addition the individual had to repay the full value of the fraud, £5,250, to her NHS employer, plus investigations costs.
She had taken over seven months of sick leave, but it was proven that she had worked for a secondary employer as a community care worker. Following an arrest and an interview under caution, she appeared before magistrates where she entered her guilty plea.
Full details of the case can be found at:
Another notable case in the public domain concerns a gynaecologist who worked her private practice while off sick. She was dismissed by her NHS employer for gross misconduct and struck off by the GMC for 12 months. Consultant is suspended for 12 months for doing private work while on paid sick leave | The BMJ
For more information, or to report any suspicions of fraud or arrange a fraud awareness session for your team, contact the Trust’s counter fraud specialist fraud@tiaa.co.uk
Alternatively, suspicions of fraud can be reported to the NHS Counter Fraud Authority at Report NHS Fraud | Home | NHSCFA or by calling the 24/7 freephone line 0800 028 4060.
*Please refer to you organisations policies and procedures.