Employee not turning up for work? What can I do?
Question - What if an employee is not turning up for work / has gone AWOL?
Answer – Here’s what to do if an employee has gone AWOL
Employee not turning up for work – Unauthorised absence can be deemed fair grounds for dismissal or disciplinary action, but first of all, as an employer, try and establish the reason of the unauthorised leave of the absent employee. The reasons for the absence may make a big difference in terms of how you handle things.
Things you should consider when an employee is not turning up for work:
- Are you aware of any personal problems, difficulties at home, or health problems?
- Have there been any disagreements or disputes involving the employee in the workplace recently?
- Does the unplanned absence coincide with dates that were refused for holiday or other leave?
You cannot assume that the employee has resigned and you should go through your disciplinary process. Where the employee has less than 2 years service, and you have a provision not to follow this process providing there are no discriminatory issues at play, such as disability, pregnancy etc.
Not turning up for work and not having a good reason for being absent generally constitutes a breach of contract.
You are perfectly entitled to dismiss an employee on that basis, having first followed the correct disciplinary procedure. Before moving to disciplinary proceedings, you must attempt to contact the employee, via all available means. Having received no response, you must then write to the employee inviting them to attend a disciplinary hearing, ensuring that you send the letter recorded delivery to verify whether or not it has been received.
What is the employee’s response to their unauthorised absence?
If the employee responds and subsequently attends the disciplinary hearing, they will have a chance to explain the reasons for their absence and you can make a decision on the outcome of the proceedings.
If the employee does not respond, you should go ahead with the disciplinary hearing in their absence. You must follow the same steps as though the employee were present. Once you confirm dismissal, you should also ensure they have the right to appeal.
If you have any questions on this then please get in touch.
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