What is Malingering
This is when an employee intentionally falsified or exaggerated their psychological or physical symptoms. Usually undiagnosable, typically a Malingering employee’s first port of call is usually their GP. Looking to justify their absence or inability to work, they’ll get medical “proof”. The quickest and easiest way is a note from their GP.
Unfortunately (for you the employer), GPs generally take the patient’s account at face value. It’s hard for them to prove the patient is faking it, even if they think they are. A well-researched malingerer will be able to recite a list of connected symptoms. So, it’s easier for the GP to go along with it. They even have a name for it…it’s called “illness deception”. In most common cases of this, the employee is usually motivated by not wanting to show up to work and seeking financial remuneration from their employer (sickness absence packages), in some cases following an accident they may be seeking to gain financial compensation or in some cases (non-work related) for the avoidance of criminal prosecution.
Common symptoms that employees may also present with, sit within somatoform. This is where physical symptoms are caused by mass distress, possibly long term. These can be things Such as headaches, tiredness, dizziness etc.
Some long terms effects of this are somatisation disorder, hypochondriasis, conversion disorder, the physical symptoms persist long term, but no actual disease can explain these symptoms.
It is observed that employees can exaggerates or fabricates an illness to their advantage. This can be done by making themselves sick, self-injury or pretending to be sick. Munchausen’s syndrome is just another example of this, where an employee may fabricate having psychological and physical symptoms or be actively trying to become ill.
The Impact on the employer/other employees
Direct Costs are those payable to the employee or for the employee, such as statutory sick pay, company sick pay, long term sick pay (which can sometimes be full pay for 6 to 12 months),
There are also resource intensive costs, the cost of engaging in an occupational health assessment, and even the cost of covering additional staffing or paying overtime to manage the workload. Typically, an organisation will pay a contractor (which is on average x1.5 the absent employees pay), as well as possible up to 20% agency fees.
There are costs associated with colleagues, while these may be financial if overtime is being paid, there is the factor of workload typically falling on the person below the absentee in seniority. For various reasons, the colleague takes on the workload, this may be to show they are a team player, committed, to impress their manager, or other organisational behavioural reasons. This may result and we usually see the impact on the employee who has picked up the additional burden becoming unwell too. This can also lead to colleagues feeling resentful, and de motivated, especially if left unmanaged, and deemed acceptable.
Reputational costs could be external; an impact could be a deadline is pushed back or missed. An internal reputational cost could be if an employee is suspected to be malingering, and management of HR persons are not seen to be handling it and the company sickness policy and procedures become undermined, triggering a culture of poor sickness absence adherence.
Our Top tips to managers in addressing Malingering
Allegation
Usually someone reports malingering, or you suspect it which starts the process
Assess the value of the information
In the case of the employee showing, you that picture of the employee at the beach, was there a date stamp on the post, can we be sure the holiday was during the period of absence? Consider, whether the employee reporting it, could have an altera motive. This is a preliminary step before an investigation in which case the case might be dropped.
Open an Investigation
If you decide to open an investigation, follow your own procedures and within employment law guidelines. Confirm that you are the investigating manager carrying our full and fair investigation, which will be impartial, with the use of an investigation plan, what evidence to collate and what witnesses will you require (perhaps colleagues).
Investigation
Carry out a full and fair investigation – assessing all periods of sickness absence, reasons for the absence, trends analysis of the absences, perhaps calling into play the Bradford factor index. Review of sickness certificates and return to work meetings/summary findings. Once you have this, you will be required to take the report to the employer for them to call the employee to a disciplinary hearing, to allow them to provide answers to the case being provided.
Disciplinary
It is important to notify the employee in writing of the date time location of the hearing, allegations, give all evidence, right to be accompanied, possible outcomes, allow reasonable time to formulate a response and prepare support. This hearing must be carried out without reasonable delay, ensuring fair process. Deliberate on what the employee presents, and the findings given by the investigation, and then decide on the outcome.
Outcome
Written outcome of disciplinary hearing (be it, no further action, first written warning, final warning, or dismissal), give right to appeal.
Actions for Managers/Employers
Ensure you revisit your sickness absence policy and management protocol, to include the considerations of Malingering and how you will manage it. This will provide much clarity to your employees. Perhaps look to introduce additional measurements or metrics into your sickness absence management, demonstrating that it is appropriate and necessary post an employee being off sick, they will be supported in their return to work, but that you will be conducting due diligence in accordance to the policy.
Occupational Health
Engaging with your occupational health as early as possible when this has come to fruition is important. They can impartially guide you as the manager/employer:
About any medical conditions the employee has and what its effects are.
The likely prognosis and how this will affect the employee’s ability to do their job.
Whether or not the employee has a disability.
Whether the employee is fit to return to work and if they can do their role with or without adjustments.
What should happen next.
They’re also invaluable if the employee uses malingering to try and avoid attending a disciplinary hearing and should any such matter be bough before a tribunal their evidence is invaluable (more so than that of GP record, documenting the exchange that occurred in each 10-minute consultation).
Third party expertise
Consider what support you may require in managing this matter appropriately and sensitively.
Contact MEDI-HR® 02080583990, info@medi-hr.co.uk and admin@medi-hr.co.uk for more information.
For more information on Munchausen’s syndrome click here and for more information on Fabricated or induced illness click here
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