Double Working Pay Claims: Fraud, Crime, and the GMC

Fraud for Double WorkingDouble-Working Clinician Fraud

Working in two locations at once (or claiming sick pay from one while working for the other), without informing both employers, can lead to criminal prosecution for fraud and GMC proceedings for misconduct. Doctors, Anaethesia Assistants and Physician Assistants who claim pay for work carried out in one or both locations can be disciplined by their employers, as well.

Is it fair to dismiss an employee for double-working pay claims?

In Brito-Babapulle v Ealing Hospital NHS Trust [2014] EWCA Civ 1626 the Court of Appeal (per Lor Justice Bean) noted a finding made by an employment appeals tribunal:

12. I should note before coming to the grounds of appeal to this court some observations of the Employment Appeal Tribunal at paragraph 37 of their judgment with which I entirely agree:

“The lay members of this Tribunal would emphasise that in the employment world claiming sick pay whilst working elsewhere is in general regarded very seriously by employers. In their experience any substantiated case almost inevitably will lead to dismissal, not least because if it did not, the employer might find it difficult to distinguish on any proper basis between the cases of other employees doing the same. That is not, however, to say that it is an inevitable conclusion.

We conclude here, therefore, that it was not perverse of the Tribunal to make the finding it did as to misconduct and as to it being gross. The Tribunal had taken into account in so concluding the fact that the Claimant had had the instructions she did.”

(29 October 2014)

While not an inevitable conclusion, the prospects of dismissal and referral to the GMC are high.

Interviews

The NHS will interview doctors facing MHPS disciplinary investigation, and where the conduct is considered to possibly constitute criminality, they will be interviewed under caution by NHS Counter Fraud. In some instances, matters might be referred to the police.

If you are a doctor or other clinician facing an allegation of fraud for double-claiming or for wrongfully claiming sick pay, contact Doctors Defence Service on 0800 10 88 739