The concept whereby an employee takes a period of absence without the employer's permission or authorisation.
This type of leave is often considered to be unlawful and an employer would usually consider it a disciplinary offence.
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, on holiday, and/or•does not consider that the illness is serious enough to justify absence from workThe period(s) of absence involved may be entire weeks (as in the case of an employee taking sick leave to go on holiday) or a series of short-term, often one-day, absences.It is important to identify whether the situation is:•one where the employer does not believe the employee or thinks they are being lazy (a malingerer), where the process considered in this Practice Note is appropriate or •one where the employer believes the absence is genuine but needs to address it for business reasons—for guidance on the steps that are appropriate in those circumstances, see Practice Note: Dealing with persistent, intermittent, short-term absencesIn addition, absence which initially looks like a non-genuine absence may, on proper investigation, prove to be genuine. In such cases, the employer must be prepared to change tack and deal appropriately—see
Discover our 1 Practice Notes on Absence without leave
469. Property offences. Any person subject to service law1 commits an offence if: (1) he does an act2 that causes3 damage to or the loss4 of any public or service property5 or any property belonging to another person subject to service law; and (2) either he intends to cause damage to or the loss of the property and there is no lawful excuse6 for his act, or he is reckless as to whether he causes damage to or the loss of the property7. A person subject to service law commits an offence if: (a) negligently, he does
Absence without leave is referenced 1 in Halsbury's Laws of England
Speed up all aspects of your legal work with tools that help you to work faster and smarter. Win cases, close deals and grow your business–all whilst saving time and reducing risk.
**Trials are provided to all LexisPSL and LexisLibrary content, excluding Practice Compliance, Practice Management and Risk and Compliance, subscription packages are tailored to your specific needs. To discuss trialling these LexisPSL services please email customer service via our online form. Free trials are only available to individuals based in the UK. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
"A lot of the work that I do is historic-the maximum sentences change at different points of time. It's really complicated and people get it wrong all the time. That's when having a timeline is really useful."
1 High Pavement
Access all documents on Absence without leave
0330 161 1234