Malingering, fake illness and disciplinaries

18 March 2024

If an employer suspects an absent employee may not be genuinely ill, or not as ill as they claim, the employer may take steps to deal with the concerns.

Malingering, Fake Illness & Disciplinaries

Malingering at work refers to where an employee either falsifies or exaggerates symptoms of physical or mental ill health to avoid going into work or to get paid time off. This could be for a number of reasons, such as childcare issues, going on holiday, following a heavy weekend or even to shy away from certain responsibilities at work, such as a team deadline or meeting.

The term ‘malingerer’ in the context of the workplace essentially refers to where an employee is absent, and cites illness or injury as the reason for their absence, but the employer:

does not believe the employee’s explanation for their absence
subsequently discovers that the employee was not actually ill or injured, but had taken time off work for other non-sickness related reasons, and/or
does not consider that the illness or injury is serious enough to justify their absence.

The period of absence involved may be a one-off shift or a series of single days, or even entire weeks.