Quoted By:
>What is malingering?
>Malingering refers to an employee feigning or exaggerating illness or injury to avoid work or gain personal benefits, such as paid sick leave.
>How can employers identify malingering?
>Employers may identify malingering through patterns of absence, inconsistent medical evidence, or observations of behaviour that contradict reported health issues. Careful investigation is essential to avoid unfair accusations.
>Is malingering considered misconduct?
>Yes, malingering can be treated as misconduct or gross misconduct, depending on the severity and impact. Employers must follow a fair disciplinary process before taking action.
>Can malingering be proven?
>Proving malingering can be challenging. Employers should seek medical advice, request a fit note, or refer the employee to an occupational health assessment to establish whether their condition is genuine.
>What steps should employers take if malingering is suspected?
>Employers should document all absences, communicate with the employee to understand their situation, and use professional advice, such as occupational health referrals, to confirm the legitimacy of the claim.
>How can employers prevent malingering?
>Creating a positive workplace culture, offering employee support such as flexible working, and implementing clear absence management policies can help reduce malingering.
>Can an employee be dismissed for malingering?
>An employee may be dismissed if malingering is proven, provided the employer follows a fair and legal disciplinary process, including investigation, consultation, and appropriate notice.
>What if the employee has a legitimate health condition?
>Employers must consider whether the employee has a genuine medical issue, including mental health concerns, and make reasonable adjustments under the Equality Act 2010 if applicable.
