Q: How do I check that staff are not on benefits?
Oct 10 2011
Answered by: Cecily Lalloo Ask a question
The first question to ask is does this in any way materially affect your business or the job that your employee does? Benefit is a personal matter and people who are on benefits could be claiming for many different reasons – from disability to pensions, maternity to housing, and so on.
Staff do not need to disclose personal information that may not affect your business. A business may ask pertinent questions or have discussions with staff if it considers that it is important for the job or for the person’s health and safety. However, you must balance this against risk of potential claims to an Employment Tribunal on grounds of equality or discrimination.
Do you have open communication channels where staff can talk in confidence to you, their manager, or someone else? What assistance do you have in place should they require advice that you are unable to give? Do you have an Employee Assistance Programme, do you know other external advisers you can point them to?
Most questions involving people are not clear-cut. There are always different aspects, different points of view to consider. So there are always more questions to ask. For guidance you can approach organisations such as HRMC, Job Centre Plus, Citizens Advice Bureau. Bear in mind that Data Protection applies so you will not be provided with details of personal information.
The next question that comes to mind and is high on the government’s agenda is do you think benefit fraud is taking place? If this is the case report it directly to the Department of Works and Pensions (DWP) either by completing an on-line form or making a telephone call – information is at https://secure.dwp.gov.uk/benefitfraud. If you report to the DWP you should also consider how you intend to deal with this matter on an internal basis.
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