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View the related practice notes about Absence without leave

Dealing with malingerers

STOP PRESS: The Information Commissioner’s Office (ICO) has published draft guidance on keeping employment records and recruitment and selection which is open for consultation until 5 March 2024, and has also removed the employment practices code (first published in March 2022, and last updated in November 2011) and supplementary guidance from its employment information page. For more information, see Q&A: What is the status of the ICO employment practices code? and ICO removes employment practices code and related guidance from its Employment information guidance page, LNB News 15/12/2023 112. This Practice Note will be updated once the ICO draft guidance is finalised.This Practice Note considers how an employer should deal with an employee whom they suspect of malingering.The term 'malingerer' is used in this Practice Note to refer to an employee who is absent and gives illness or injury as the reason for absence, but the employer:•does not believe the employee's explanation for the absence•discovers later that the employee was not, in fact, ill or injured but was, for example,...