Paul Bell, MIAA's Head of Anti-Crime Services explains how working for another employer while sick is fraud and how to report fraud.

Fraud is essentially theft, but involving the use of deception. Although the vast majority of NHS staff are honest, dedicated and hardworking, NHS Counter Fraud Authority (NHSCFA) figures show that concerns relating to sickness issues are consistently the most common fraud reported area in relation to NHS employees – costing the NHS millions of pounds every year.

One significant area is when NHS staff undertake other paid or unpaid work (including study or training) while they are off sick. Such conduct could result in gross misconduct dismissal under the Managing Sickness Absence at Work Policy and Disciplinary Policy (or equivalent); criminal conviction under the Fraud Act 2006; an order to pay back sick pay; loss of NHS pension; and professional body sanctions.

In February of this year, a Clinical Support Worker at a Manchester Trust was sentenced to a 12-month Community Order, has to carry out 100 hours of unpaid work and pay costs of £500 as well as a victim
surcharge victim surcharge of £95, along with repaying the £4,535 back to the Trust for working else where while off work sick from her main employer.

Staff who are off sick from their NHS employer should refrain from all paid or unpaid work (including study or training) unless such activity is expressly advised and documented by their GP (or other health professional providing the fit-note) and with prior discussion and written agreement from line management. In any self-certification sickness period, staff should contact and discuss with their manager or HR before considering undertaking any paid or unpaid work (including study or training). Their NHS employer may be able to support and facilitate an earlier return to work, such as temporary redeployment and adjusted duties. Advice and guidance can be obtained from HR.

You may be aware of someone who is currently, or has been, working whilst off sick from your organisation; for example you may have seen them working, or seen it identified on their social media. Anyone can report their reasonable suspicions of NHS fraud, in confidence, to the NHSCFA on 0800 028 4060 or here; staff can
also report to their health body’s Anti-Fraud Specialist (refer to the Anti-Fraud, Bribery and Corruption Policy and the Raising Concerns at Work/Whistleblowing Policy or equivalent).

The Public Interest Disclosure Act (PIDA) protects workers from detrimental treatment or victimisation from their employer or co-workers if, in the public interest, they blow the whistle on wrongdoing. By reporting suspicions you can help the NHS put money back into patient care and bring offenders to justice.