As Anti-Crime specialists in the healthcare sector, we frequently encounter cases where individuals work elsewhere while on sick leave or during contracted NHS hours. This type of behaviour is a common form of fraud and can have serious consequences for both the individual and the organisation.
What Constitutes Fraud?
Under the Fraud Act 2006, several actions may be considered fraudulent, including, but not limited to:
- False Declarations: Claiming to be unfit for work while engaging in other paid or unpaid employment.
- Undisclosed Work: Failing to inform your employer about other work activities during a period of sick leave.
- Working During Contracted Hours: Undertaking private or external work while still expected to be fulfilling duties for the organisation.
- False Documentation: Submitting fraudulent sick certificates to justify absence from work.
These actions breach the trust placed in employees and may lead to disciplinary action, including dismissal, and / or criminal prosecution.
Exceptions and Permissions
There are limited circumstances where working elsewhere while on sick leave may be permitted. However, this is only acceptable if express written permission is obtained from your main employer before starting any other employment, in line with your organisation’s sickness policies. Without this approval, even well-intentioned actions could be viewed as misconduct or fraud.
Your Responsibilities
Employees are strongly encouraged to review the Sickness Management Policy of your employer. This policy will outline:
- The correct procedures for reporting sickness.
- What information must be disclosed to your employer.
- How to seek permission for other employment during sick leave.
By following these guidelines, employees can ensure they remain compliant and avoid the serious consequences associated with fraudulent behaviour.
Please contact our Anti-Crime team at fraud@tiaa.co.uk for more information and advice.