To think she’s faking?

[Appleofmypie]

One of my team at work is 14 weeks pregnant. She’s been off sick for 5 weeks with severe hyperemesis and still has a week left on her sick note (she’s being signed off for 2 weeks at a time)

By complete coincidence she is Facebook friends with a friend of mine.

My friend has put some pictures on Facebook this morning of her Greek holiday she’s still on, and my work colleague is in most of them - sunbathing, eating, swimming in the sea, playing volleyball. She has obviously blocked me as she is tagged in the pictures but her name is unclickable.

I’m gonna sound like a complete cow but I think she’s faking her sickness.
She’s on full pay from work and we’re having to pay an agency temp to cover her work too. It’s a small company that is struggling and I doubt we’re going to make any profit this month due to this.

My questions are:

Should I tell/show our boss?
What evidence of hyperemesis does a GP need to see to sign you off or Could it just be on her say so?
Is she actually doing anything illegal?
I know that pregnancy sickness is covered separately to normal in terms of disciplinary but if it’s proven she’s faking could it still be gross misconduct?

Thanks

[ZibbidooZibbidooZibbidoo]

Wow at this thread!! All of it!

She really resigned from a job she has had for 5 years when she is just about to have a baby?? Her partner must be earning well.

[AlpacaLypse]

Well done your boss! Hope the claim for compensation about the roadworks comes together too.

[LoniceraJaponica]

This CF colleague is monumentally dim isn't she. It sounds like she will be no loss to the company.

As your boss has the CF's lies in writing she (the CF) won't have a leg to stand on if she tries to get compensation for constructive dismissal.

[Weezol]

I have zero sympathy for this woman. None. She's sod all chance of picking up any working age benefits outside maternity, resigning means a minimum 16 week bar.

I have Crohn's and have been in hospital with women with hyperemesis. Some of them were more ill than me, had the added worry about their baby and sometimes other children at home too.

I'm very pleased that her post has been freed up for someone who needs a job and will be glad to work.

[LoniceraJaponica]

Your boss needs to screenshot all of the holiday stuff in case the CF deletes them all.

[DarlingNikita]

Colleague replied and said she had just been released from hospital and was on complete bed rest, and looked like she would be there for weeks.

That is a MONUMENTAL lie.

I wouldn’t accept the resignation and would call her in for a disciplinary meeting. I’d also send her to the company’s Occ Health, assuming you have one.

Totally agree with this. She shouldn't be allowed to use resigning to get away with her behaviour.

[TittyGolightly]

She’s still an employee.

This is absolutely disciplinary territory. Potential gross misconduct and summary dismissal. Trust she’s only getting SSP now.

[SoupDragon]

She really resigned from a job she has had for 5 years when she is just about to have a baby??

Well, it was resign or get fired TBH.

[ilovesooty]

Thinking about it I'd be inclined to refuse to accept the resignation and fire her for gross misconduct. That way the company wouldn't have to pay her notice period while she pretends to be sick.

[TittyGolightly]

My professional HR view would be that the potential offences - which are fraud (obtaining sick pay by deception) and breach of social media policy (the FB posts) should be investigated now. Her resignation should not be the end of this.

[Whatzat298]

I wouldn’t accept the resignation and would call her in for a disciplinary meeting. I’d also send her to the company’s Occ Health, assuming you have one.

I don't think you can legally refuse a resignation. If she's resigned and got signed off sick for her notice period that is that, AFAIK. It's a job, not a totalitarian state!

[SussexMedley]

How can you refuse to accept a resignation?

[Barbaro]

You can refuse a resignation. Hr did it recently at my work for someone who had taken the piss like this. They refused it, held a displinary meeting that the person didn't show up to, and fired them. This is just to cover the companies back so they can't get sued for discrimination.

[blacklister]

That's what I suspect would happen here @Barbaro. Disciplinary meeting held, she won't turn up and she'll be sacked in her absence. At least it means they wouldn't have to pay her notice and with all the evidence she wouldn't have a leg to stand on if she tried to take it further.

[Bramble71]

If the boss is truly worried, then I would tell them. Let them investigate. But make sure you take screen grabs of any 'evidence' first in case it gets taken down

[Bramble71]

Oops! Glad to subsequently read your boss has it all in hand

[Bramble71]

You know what, I'm glad you report her, OP. In the 30 years I was at work, I saw so many women abuse the free sick leave they could get without consequence while pregnant. I'm physically disabled and was on disciplinary proceedings for attendance. I used to drag myself out of bed and struggle to get in, usually very late and in absolute exhausted agony, only to be unable to do a single thing and have to be taken home, with yet another absence counted against me. I'm heartened to hear of someone whose abuses have been discovered and has suffered the consequences. I don't care how harsh that sounds.

[BitOutOfPractice]

The problem with all of this "take her to disciplinary" stuff is that, for a tiny business that could be a costly process, both in financial and time resource terms. I'd advise op's boss just to write it off now and move on

[KittyHawke80]

‘She has no income and a baby on the way.’

Ooooh, I know - it’s ‘Cathy Come Home’ all over again: doubtless she’ll be like that Fantine one in ‘Les Mis’ and have to sell her hair 🙄 She might have to put a pin in those foreign holidays for a bit, though, granted. Give me a break.

[PieAndPumpkins]

She deserved to be sacked and sued!! There must be something your boss can do legally to cover the costs of faking sickness all those weeks not to mention the next four.

[TittyGolightly]

The problem with all of this "take her to disciplinary" stuff is that, for a tiny business that could be a costly process,

It’s a couple of meetings. That’s it.

[lostinsunshine]

Get rid and don't give her a reference. The new GDPR rules make references exempt from disclosure if she asked for a copy. Not ideal from one point of view but perfect in this situation.

[Mountainsoutofmolehills]

tell your boss. tell no one else in the company. or it will follow you. Cover your back.

[CoughLaughFart]

I didn’t agree with what you done and you continued to be quite smug, actually I think you’ve enjoyed every minute of this by updating the fact she put her resignation in.

As someone who has had to manage an employee who behaved like this, I would be more than smug in the OP’s position. I’d be dancing in the bloody aisles.

[AndIWouldWalk500Yards]

I agree. Don't accept the resignation and move to the disciplinary process. It's all clearly laid out in law. It isn't expensive, an employer just needs to demonstrate they have followed the correct process. However, the process must be absolutely complied with or else an employer risks an Employment Tribunal and compensation payment.

My previous employer took a silly shortcut to sack someone who was suspected to be on the fiddle. It was a senior manager who got too impatient with the legal process and police investigation who thought they could dismiss at will before there was any actual evidence of guilt.

It cost our organisation over £50K in compensation to the dishonest person. Just because the senior manager thought they knew best and ignored HR & legal advice. Had he waited 3 weeks we wouldn't have had to pay out a penny.