Corporate Investigator in Birmingham
Our corporate investigators in Birmingham and across the UK is ideal for companies who need to place employees under covert scrutiny for a period of time. This will be when there is a significant reason to believe that they have been acting in a manner which is in breach of their employment contract.
Employers can become suspicious of their employees if they are absent through long term sickness or injury and there is reasonable cause to doubt their story. When an employee has taken a considerable amount of time off there are suspicions that said person may not be sick or injured after all.
An employer could also suspect that their staff are working for someone else or "moonlighting" which may be in breach of their contract.
There may be suspicions of ongoing theft, the misuse of company property or acting in an unprofessional manner with a corporate client.
Discreet: How We Obtain Evidence An Employment Breach
- The first step in our Birmingham corporate investigator process will be obtaining information on the suspected employee. This information must be obtained under GDPR rules.
- We can then establish if there are any patterns of behaviour. After that we can seek out enough evidence to justify an investigation. This can include making phone calls to the suspected alternative employer or researching the subject's social media for evidence of mobility.
- If evidence is found then we can follow the subject through covert GPS vehicle tracking. This will allow a period of surveillance to covertly obtain video or photographic evidence of the subject.
- Our objective is to obtain irrefutable evidence of breach of contract which is essential before any legal action or dismissal can take place.
- This can mean proof of mobility or health when the employee is claiming to be off with injury or evidence of paid employment if they are moonlighting for someone else.
- However, if your employee is legitimately immobile or ill or acting professionally then we can establish that quickly and discreetly.
- Anderson & Co’s corporate investigators in Birmingham have years of experience. Our carefully sourced operators have been used in employment tribunal and saved companies hundreds of thousands of pounds in fraudulent claims!
- The subject will be tracked covertly and will never know that they are being monitored. Every company communication with investigators that you have will be kept secret.
Dedicated: Employee Fake Sickness Or Personal Injury
If you as an employer have your suspicions about one of your employees' extended absence through ill health or lack of mobility, then that is where Anderson & Co can help.
Consider these things:
- Is there a pattern to the absences? Consistent Mondays off could be the result of excessive socialising on the weekend.
- Is there a pattern between the unexcused absence and certain trips or out of work jobs being taken?
- Are specific days of the week or month being taken off constantly? This could indicate moonlighting.
- Is there an explanation that keeps changing and has inconsistencies.
- Has the employee provided any medical evidence?
The fraudulent cost to you is what we need to prevent. There is not only the cost of paying the absent employee but also the replacement costs and the pressure of staff shortage. There could also be the cost of a current or potential injury claim to be taken into consideration.
In a recent survey it is estimated that 56% of UK employees have taken a fake "sick day". This cost UK business approximately £5.6 billion in 2019.
Dedicated: Employee Moonlighting
Moonlighting is when an employee starts secretly working for another company in the hours when they are not in work for their main employer.
There is no obligation under UK law for an employee to disclose any employment to their main employers. However most company policies actually prevent you from working elsewhere in the contract of employment.
This is to prevent:
- Conflict of interest with employees working for rival businesses.
- Bringing the employer into disrepute.
- Breaching working time regulations.
Even if secondary employment is allowed written permission is usually required.
Moonlighting when absent from work is definite grounds for dismissal in the majority of cases.
- Cases like this could involve someone claiming sick pay whilst taking jobs on the side or even misuse of company vehicles for other work. Employees moonlighting for your competitors could be giving away your trade practices, client list or budget information.
Know your company, know your workforce!
Dedicated: Employee Theft Or Fraud
If stock or company property go missing continuously then you have to consider the possibility that someone is stealing from you and your employees may be involved.
Stock and property do go missing in all companies and this is natural. It could be an inaccurate stock take, wastage or simply misplaced. Petty theft is virtually non-preventable and would not warrant the cost of an investigation in most cases.
If there are sudden spikes in losses, a pattern or an above average amount then using a corporate investigator in Birmingham would be a financially prudent decision. The longer that you leave the issue then the more money it can cost you. Even if the actual cost of goods being lost is small, theft like this can go on for decades as long as it never becomes enough of an issue.
The cost to the business of an investigation must be weighed against potential ongoing costs of theft and fraud as well as the sending a signal to the workforce which will prevent future stealing.
Diligent: Employers, Corporate Surveillance and the Law
Please consider hiring a private investigator very carefully when it comes to employee investigations. The laws on surveillance under such circumstances are very strict.
Engaging a private investigator for covert surveillance has to have reasonable and proper cause. Even if you are proven to be right, the unjust obtaining of information could cause a constructive dismissal claim from the employee.
The Birmingham corporate investigators at Anderson & Co understand the legal limits to which companies have to work within. We can find the evidence needed to justify surveillance. Then proper investigation can take place without fear of legal breaches.
Can an employer legally have their staff under surveillance?
An employer will not be allowed to engage a private detective to keep one of their employees under surveillance for speculative purposes. Informal comments made by co-workers are not considered reasonably suspicious and more evidence will need to be obtained.
Information Commissioner's Office (ICO)
The Information Commissioner's Office (ICO) says that you will need to comply with data protection law even if there is evidence of serious wrongdoing.
Covert monitoring should only be done in exceptional circumstances if criminal activities or similar malpractice are suspected. Surveillance should not happen in private offices or toilets unless illegal activity is reasonably suspected.
The ICO states that any surveillance should be strictly targeted, take place within a set period of time and be carried out under a contract with a private investigator with legally compliant provisions for the collection and use of information.
Any information obtained from the employer to the private investigator will have to follow UK GDPR rules.
Article 8 of the Human Rights Act
Article 8 of the Human Rights Act details the right to respect for private family life. The Article specifies government agencies although it is considered to be relevant to companies.
Businesses should not interfere in private life unless criminal activity is suspected. Any intrusion should be minimal and necessary.
Discreet:
Our surveillance services are strictly targeted and non-invasive
Anderson & Co staff are experienced and will remain discreet and professional throughout every stage. We understand the situation our clients would be in if our investigations should be discovered.
We are fully GDPR compliant, members of the ICO as well as the Private Investigators network and WAPI. All material produced will remain 100% confidential at all times.