We have an employee on long term sick leave who we believe is abusing our sick leave policy. Can we engage a private investigator to follow her to gather evidence that we can then use in a disciplinary process?

Posted in : First Tuesday Q&A ROI on 3 April 2018
Michael Doyle
A&L Goodbody
Issues covered:

The engagement of private investigators by employers was, up until relatively recently, a commonplace practice but is now one that is fraught with legal risk. While a number of recent cases from the Workplace Relations Commission suggest that Adjudication Officers remain willing to consider pertinent evidence that has been obtained covertly, there is likely to be a marked increase in challenges to an employer's ability to rely on such evidence once the GDPR comes into effect.   

The most significant legal risk for employers who wish to engage a private investigator to conduct covert surveillance on an employee is the risk of a complaint by the employee to the Office of the Data

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Back to Q&A's This article is correct at 03/04/2018

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.

Michael Doyle
A&L Goodbody

The main content of this article was provided by Michael Doyle. Contact telephone number is +353 1 649 2000 or email mvdoyle@algoodbody.com

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