If an employee doesn’t turn up for work without prior authorisation in the UK, this is usually treated as an unauthorised absence, often called being absent without leave or going AWOL. It is a breach of the employee’s contract because they have failed to attend work for their contracted hours.
For UK employers and HR professionals dealing with an employee not turning up for work, the key is knowing what process to follow to ensure that the matter is handled fairly and consistently. In this article, we’ll explain what unauthorised absence means, why an employee may fail to attend work, and the steps you can take, from trying to contact the employee to starting disciplinary action, considering dismissal, all while staying within employment law.
What is unauthorised leave at work?
If an employee doesn’t attend the workplace for their contracted hours and does not contact their employer to provide a reason for their absence, it is an unauthorised absence. You might also hear it referred to as AWOL, absent without leave or absent without permission.
There isn’t a minimum amount of time that an employee needs to be away from work without permission to be classed as an unauthorised absence – whether the employee is an hour late for work or doesn’t attend the workplace for a week, it is an unauthorised absence if the employee hasn’t sought permission from their employer.
Examples of unauthorised leave at work include:
Failure to report to the workplace during contracted working hours.
Failure to make a request for annual leave.
Failure to attend the workplace after an annual leave request has been declined.
Leaving the workplace without permission during the working day.
Failure to provide medical documentation to support approved medical leave.
Unauthorised absence is misconduct and can lead to disciplinary action. However, there is a process that employers should follow before resorting to disciplinary action. Read on to discover how to deal with an employee who fails to turn up to work, and when disciplinary action might be appropriate.
Why do employees fail to turn up to work?
There are endless different reasons why an employee may fail to turn up for work at their contracted start time. Whilst some of these reasons may seem trivial, others are more significant and may attract leniency from the employer, such as in the case of an accident or a family emergency.
Examples of reasons why an employee may fail to turn up to work include:
Emergency: It may be that an emergency has occurred, either with the employee’s family or personally. This may include a death, sudden illness or even an accident on the way to work. It isn’t always possible for an employee to make contact before the start of the working day, especially if the emergency is serious.
Illness: Employees should follow company procedures with regards to reporting sickness and any related sick leave. In many cases, employees can self-certify sickness for up to seven calendar days before further medical evidence is required. If these procedures aren’t followed correctly, an employer may decide to count the absence as unauthorised.
Unauthorised holiday: If an employer declines a request for leave, or the employee fails to request leave in the proper way but still takes a holiday, this is classed as unauthorised absence.
They’ve quit: In some cases, you may find that an employee just stops attending the workplace, rather than giving the correct amount of notice required by their contract.
No good reason: Finally, sometimes there is no apparent reason why an employee fails to turn up to work. It could be that they overslept or wanted a duvet day, or that they had a better offer such as going to the cinema with a friend.
What to do if an employee fails to turn up for work
How to best deal with an employee failing to turn up to work will depend on the reason that they have failed to attend and the reason that they have been unable to contact the employer. Whilst it can be tempting to jump to conclusions, it’s important to keep an open mind and follow a clear unauthorised absence procedure for establishing the cause of the absence.
Here is what you should do if an employee fails to turn up to work.
Step one: Attempt contact
When an employee fails to turn up for work without providing a reason, the first thing to do is to contact the employee to find out their reason. If you have to make repeated contact attempts by phone, keep a record of each attempt.
You might wonder how long you should wait after the employee’s contracted start time. You should wait a minimum of 15 minutes, although 30 minutes is ideal. This gives the chance for the employee to arrive late, in case traffic has been a contributing factor.
If you are able to get in contact with the employee, ask them why they’ve failed to attend work and allow them plenty of time to explain. It could be that they have a valid explanation for failing to attend work, such as a personal emergency. If they’re running late, ask them when you can expect them in the office and make a note of this.
If your attempt to get in contact with the employee is unsuccessful, wait a further 30 minutes and then try to call them again. If this is again unsuccessful, try email or text as further contact attempts before calling their emergency contact, as they may be able to provide you with useful information if the employee is dealing with an emergency.
Step two: Send a recorded letter
We’ve covered what to do if the employee doesn’t turn up for work. But what if you can’t get in contact and the absence spills over into a second day?
On the second day, you should send a formal letter through recorded delivery to the home address of the employee. A recorded letter will require a signature upon delivery, proving that the letter has been received by the employee.
The recorded letter needs to include:
Dates of the shifts that have not been attended by the employee.
Details of the contact attempts you’ve made to get in contact with the employee.
That their absence is being treated as unauthorised.
Explain that you are concerned for their wellbeing.
Whether the absence is being treated as serious misconduct or gross misconduct.
Disciplinary actions that may be taken.
How and when they should contact you.
This letter of concern can also act as an invitation letter to a disciplinary hearing if the matter is escalating, provided it clearly sets out the absence details and next steps.
After the letter has been received, you should wait 48 hours for the employee to make contact. If you don’t hear from the employee, you should send another letter. However, if the letter could not be delivered, you should contact the employee’s emergency contact once again to ask if they know where the employee may be. If they have not heard from the employee and do not know of their whereabouts, you should contact the police to report the employee as missing.
If the employee contacts you, you should arrange matters when the employee returns and consider disciplinary action. If they have a sickness note from their doctor, you will also need to hold return to work interviews to consider whether any adjustments are required to support the employee. Any health information obtained must be kept confidential and secure.
Step three: Disciplinary action
Next, you should arrange a disciplinary hearing in line with your company’s disciplinary procedure and disciplinary policy. You can do this even if there has been no response to your letter. You’ll need to notify the employee of the date and time of the disciplinary hearing by both letter and email, informing them that the hearing will proceed whether or not the employee attends.
Disciplinary hearings may be convened after two days of absence where the employee remains absent without explanation.
For employees who have taken an unauthorised holiday, you should wait until they have returned from the holiday to hold the disciplinary hearing. This will give the employee the opportunity to explain their side and help to prevent any disputes later down the line.
During the disciplinary hearing, you’ll need to follow the disciplinary process. This ensures that the process is fair and consistent. The employee also has a statutory right to be accompanied at the hearing by a trade union representative.
The purpose of the disciplinary hearing is to determine whether the absence is classed as gross misconduct and whether it should result in instant dismissal. To do this, you’ll need to consider the length of the absence, the damage that it caused the business and the employee’s previous track record. Where long-term sickness is in issue, obtain medical evidence before considering dismissal. Any disciplinary sanction should follow a fair procedure, and the employee must be told of their right to appeal.
Step four: Dismissal
In some cases, you may decide that dismissal is the only option, especially if you can’t get in contact with the employee. Before deciding to dismiss an employee, you should ensure that you have thoroughly investigated the situation, followed the correct procedures and a fair procedure, and considered every possible option.
If dismissal is required, you’ll also need to ensure that you have solid evidence to explain your decision. This may include the employee’s Bradford Factor score – a HR formula used to measure employee unplanned absences – details of the attempts that you’ve made to contact the employee, logs of any communication, the employee’s timesheets, and any prior warnings, except in very serious cases.
Carefully consider how you dismiss the employee, as this reflects on your business. However, if you are seen to be too lenient in cases of misconduct, it could lead to other employees doing similar as they may feel they can effectively get away with it.
Whatever course of action you decide to take, the most important thing is that you are consistent and fair, whilst maintaining the integrity of your business. Where the unauthorised absence amounts to gross misconduct and your investigation supports that outcome, summary dismissal or a more serious disciplinary sanction may be appropriate.
Can you sack an employee for not turning up to work?
If an employee fails to turn up for work, it can be tempting to jump to conclusions. However, it’s important that you follow a strict process to establish the reason for the absence before taking action.
For example, an employee could be dealing with a serious incident involving a family member. These situations may provide a valid explanation, so it’s important that an employer establishes the facts and responds with regard to the employee’s rights before threatening disciplinary action.
However, if the employer is unable to get in contact with the employee by either phone or letter, or if the employee does not have a reasonable excuse for their unauthorised absence, the business may consider disciplinary action, which could lead to the dismissal of the employee.
It’s important to ensure that you have sufficient evidence before pursuing the dismissal of the employee. If you don’t have solid evidence of the misconduct, you could risk being taken to an employment tribunal for a case of unfair dismissal.
What if an employee quits without giving notice?
Sometimes an employee fails to turn up for work as they intend to leave the position without notice. You may find this out through contact with the employee, or through other members of staff.
If you suspect that an employee does not intend to return to work, you should still follow your usual standard for dealing with unauthorised absences. However, you could consider asking whether the employee intends to return to work within the recorded letter that you send. This may enable you to avoid holding a disciplinary hearing.
Should you be asked for a reference later down the line for the employee, you could mention that they left the role without providing notice. If you choose to do this, ensure that you only state the facts to avoid any legal action being taken for defamation of character.
Related questions
Is unauthorised absence unpaid?
If an employee fails to turn up to work for their contracted working hours, they are in breach of their employment contract. Therefore, an employer wouldn’t usually be required to pay the employee for this time and would not usually be in breach of the contract by withholding payment. However, if you’re unsure, it’s always best to consult an employment law specialist to avoid any legal action later down the line.
Is being AWOL serious misconduct?
When an employee is absent without permission from the employer, this is considered to be workplace misconduct and could be subject to disciplinary action. Whether the absence constitutes serious misconduct or gross misconduct will depend on the length of the absence, the impact on the business, the employee’s previous track record, and the company’s absence policies. Formal action may start with a written warning under the disciplinary process, with dismissal reserved for more serious cases.
Conclusions on dealing with an employee not turning up for work
It’s never convenient when an employee fails to turn up for work, and you’re likely to get caught up in arranging cover and the day-to-day logistics of managing your business without the employee. It’s easy to jump to conclusions, but it’s important to keep an open mind and establish the facts before threatening disciplinary action.
Successful businesses tend to take a firm but fair approach when it comes to dealing with unauthorised absences, establishing the facts before deciding upon a course of action. In the case of true emergencies, compassion and understanding is required, whilst other cases may require a firmer hand.
If your business suffers from persistent unauthorised absence, it may be a sign that you need to revisit your holiday policy, how annual leave requests are handled, and your disciplinary procedure. Your employee handbook should also clearly set out the absence policy, sick leave rules and any arrangements for public duties. In practice, most employers reduce absence issues by using clear procedures, applying sufficient notice requirements where relevant, and enforcing prior approval rules consistently.
If an employee doesn’t turn up for work without prior authorisation in the UK, this is usually treated as an unauthorised absence, often called being absent without leave or going AWOL. It is a breach of the employee’s contract because they have failed to attend work for their contracted hours.
For UK employers and HR professionals dealing with an employee not turning up for work, the key is knowing what process to follow to ensure that the matter is handled fairly and consistently. In this article, we’ll explain what unauthorised absence means, why an employee may fail to attend work, and the steps you can take, from trying to contact the employee to starting disciplinary action, considering dismissal, all while staying within employment law.
