How should employers deal with unauthorised absence?

Unauthorised absence, often referred to as being "AWOL" (Absent Without Leave), is a challenge faced by many employers. It occurs when an employee does not attend work without prior approval or fails to follow the company’s reporting procedures. While occasional absence can be part of working life, patterns of unauthorised absence can disrupt business operations, affect morale and, if mishandled, lead to unfair dismissal and discrimination claims.

What counts as unauthorised absence?

Unauthorised absence includes, but is not limited to:

• Failing to turn up for work without notifying the employer

• Not providing required evidence for sickness (e.g., a fit note after seven calendar days)

• Returning late from holiday without agreement

• Leaving the workplace early without permission

• Persistent lateness

  
  

Different organisations may define and handle unauthorised absence in slightly different ways. For specific guidance, employers and employees should refer to their internal absence and lateness policies.

How to deal with unauthorised absence:

1.     Establish Clear Attendance Policies

The most effective way to reduce instances of unauthorised absence is to create clarity from the outset. Employers should develop and maintain robust employment policies that outline employee obligations regarding attendance and absence reporting.

• Sickness and Holiday Notification Procedures: Clearly define how and when employees must notify their manager or HR of illness or other absences. Specify acceptable forms of contact (e.g. telephone, not text or email) and outline timeframes (e.g. by 9:00 AM on the first day of absence).

• Holiday Requests: State that annual leave must be pre-approved before absence is permitted. Highlight that failure to gain approval may result in the leave being deemed unauthorised.

• Disciplinary Policy: Unauthorised absence should be explicitly identified as a form of misconduct. Your disciplinary policy should include examples (e.g. failing to report sickness, not returning from leave on time) and the potential consequences, including formal warnings or dismissal.

  
  

2.     Initiate Contact When an Employee Fails to Report for Work

Attempt to contact the individual through all available channels, including phone and email.

If contact is not made within a reasonable timeframe (typically within an hour of the expected start time), escalate to their nominated emergency contact, particularly if there are concerns for the employee’s welfare. Ensure contact attempts are respectful and proportionate.

3.     Document Every Action Taken

Maintain an accurate record of all contact attempts. This should include:

• Dates and times of phone calls

• Copies of any written communications sent (texts, emails, letters)

• Notes of voicemail messages left

• Any response received or lack thereof

  
  

This documentation may be necessary if formal action is pursued or if disputes arise.

4.     Escalate to Formal Correspondence and Disciplinary Procedures

If there is still no response after 48 hours and no valid explanation has been received, issue a formal letter informing the employee that their continued absence is unauthorised. The letter should invite them to attend a disciplinary meeting, providing a minimum of 48 hours’ notice and outline the potential outcomes of the meeting.

Where contact cannot be made or the employee refuses to engage, the employer may proceed in their absence, provided reasonable efforts to involve the employee have been made.

5.     Conduct a Formal Disciplinary Hearing

If the employee attends the disciplinary meeting, they should be given the opportunity to explain their absence. If they provide a legitimate reason and it is a one-off incident, the employer may consider issuing a verbal warning and reminding the employee of the reporting protocol.

If the absence is repeated or the explanation is inadequate, a formal warning may be appropriate. The outcome of the meeting, including any warnings issued, should be confirmed in writing and recorded in the employee’s file.

Where an employee fails to attend the meeting without explanation, a second opportunity should be offered. Inform them that, should they fail to attend again, the hearing will proceed in their absence and a decision will be made based on the evidence available.

6.     Escalating to Termination

Dismissal is generally reserved for repeated or serious breaches. One incident of unauthorised absence is unlikely to justify termination. However, if the employee continues to be absent without leave and fails to engage in the disciplinary process, dismissal may be lawful provided the employer has:

• Followed a fair disciplinary process

• Issued appropriate prior warnings

• Given the employee opportunities to respond

  
  

Ensure all steps are fully documented and in compliance with the ACAS Code of Practice on Disciplinary and Grievance Procedures.

7.     Investigating Unauthorised Absence

During any investigation, seek answers to the following:

• What was the reason for your absence?

• Why did you not inform your line manager or follow the reporting procedure?

• Is this situation likely to recur?

  
  

Employers should remain open-minded. Even if the justification seems questionable, unless there is firm evidence to the contrary (e.g. social media posts indicating the employee was deliberately misleading), the explanation must be accepted at face value.

Discipline escalation should be considered only when a pattern emerges, such as frequent short-term absences, no contact, or contradictory behaviour.

Call a specialist employment lawyer  

Magara Law is an employment law firm with offices in Bicester, Banbury, Reading, and Paddington, London, and serves clients nationwide. 

For more information or to contact our employment law team at Magara Law, call 01869 325 883 or email roy@magaralaw.co.uk.