Unauthorised Absence 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.
We have created this guide to explore correct procedures, whether disciplinary action can be taken, and answering this question once and for all, ‘what should I do if an employee not turning up for work.
Things you should consider when an employee is not turning up for work:
When you are faced with an unauthorised absence, it is important to take a step back and consider potential underlying factors before taking action. Here are some key things to consider:
- 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?
Understanding the context of the absence can provide valuable insights and help you approach the situation with empathy and fairness. Investigating these factors early on can also prevent potential misunderstandings or escalation.
Following an Unauthorised Absence Procedure
Before taking any action, it is vital to follow a clear and structured procedure. You have a duty of care for your employees and it’s important to establish all the facts before thinking about potential disciplinary procedures. Here are the key steps to follow:
Attempt Immediate Contact
As soon as an employee is identified as absent without notice, try to contact them to understand their situation. At this stage, you don’t know the reason for the employee going AWOL. It may be due to an emergency or an accident on the way to work.
Use multiple methods such as phone calls, emails, or text messages if necessary. As part of the unauthorised absence procedure, you should maintain a record of all contact attempts, noting the date, time, and method used. If direct contact with the employee is not possible and you have an emergency contact on record, you should attempt to reach out to them. The emergency contact can then try to communicate with the absent employee to make sure they are ok.
Wait a Reasonable Timeframe
Allow the employee a reasonable period to respond or return to work. Circumstances such as emergencies or medical issues might explain the absence.
Review Relevant Policies
Refer to your company’s absence policies to confirm the employee has not followed established reporting procedures. Ensure you are adhering to the correct processes before proceeding.
Day 1: Send a Letter of Concern
If you are unable to get in contact with the employee through calls, emails, or text, we encourage you to send a letter of concern for their unauthorised absence. In this letter, you can mention that a disciplinary hearing may be required if they fail to respond. This should be posted or sent through email.
If your employee not turning up for work has made contact with you by the end of the day after receiving this letter, ask them why they were absent. You will then know if the next steps should be disciplinary or not.
Day 2: Send a Formal Letter
If they still haven’t contacted you by day two, you can invite them to a disciplinary hearing to address the unauthorised absence.
The invitation letter should include:
- Details of the absence, including dates.
- Information about attempts to contact the employee.
- Notice of the hearing, allowing sufficient time for preparation.
- Confirmation of the employee’s right to be accompanied by a trade union representative or colleague.
Send the letter by recorded delivery to verify whether or not it has been received. You should also email to increase the likelihood of receipt.
Disciplinary Action
Not turning up for work and not having a good reason for being absent generally constitutes a breach of contract. Therefore, if an employee not turning up for work, they can be faced with disciplinary action. This should be included in your disciplinary policy and each case of unauthorised absence should be handled separately.
When dealing with a case where the employee not turning up to work, you should handle this with a series of warnings at first, which could ultimately lead to dismissal with notice. However, you must only consider this after all efforts to resolve the issue have been exhausted.
After considering all the findings, you may discover that you are perfectly entitled to dismiss an employee on that basis. However, you must first follow the correct procedure which should be clearly stated in your company disciplinary policy.
If the AWOL employee does not respond to any letters, don’t assume that the employee has resigned. You should still go through with your disciplinary process. Where the employee with unauthorised absence 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.
Wondering how to conduct a disciplinary hearing? Read our latest blog on our website.
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.
How to Prevent Unauthorised Absence
Prevention is always better than cure. Employers can take proactive steps to reduce the likelihood of unauthorised absence:
- Implement Clear Policies: Ensure your absence policies are well-documented and communicated to all employees. Include clear instructions on how to report absence and the consequences of failing to do so.
- Foster a Positive Workplace Culture: Employees are less likely to engage in unauthorised absence when they feel valued and supported. Promote open communication and address workplace issues promptly.
- Encourage Regular Communication: Create an environment where employees feel comfortable discussing personal or professional challenges. This can help identify and address potential issues before they escalate.
- Offer Flexible Working Arrangements: Where possible, consider flexible working arrangements to help employees balance their personal and professional responsibilities.
- Monitor Attendance Trends: Use HR software to track attendance patterns and identify potential issues early. Address concerns with employees in a constructive manner.
- Conduct a Return-to-Work Interview: When an employee returns to work, hold a meeting to discuss their absence. Use this opportunity to reinforce attendance expectations and provide support if personal or medical issues are a factor.
- Provide Training for Managers: Equip managers with the skills to handle absence issues effectively. This includes recognising early warning signs and conducting sensitive conversations.
Final Thoughts
Unauthorised absence can be a disruptive and costly issue for businesses, but with clear policies, consistent management, and a focus on prevention, employers can minimise its impact. By fostering a supportive workplace culture and addressing concerns proactively, organisations can improve attendance and maintain productivity. Therefore avoiding employee not turning up for work.
For more guidance on managing unauthorised absence or to review your absence policies, contact The HR Booth today. We’re here to support your business with expert HR advice and solutions.
