This is a question we hear a lot working in HR. More frequently it is the manager asking:
“Can I sack an employee for unauthorised absence?”
The short answer: yes, you can.
The longer answer: is it depends on a number of factors. Before jumping straight into dismissal, it is important to consider the following:
- What is the reason for the unauthorised absence? Is there an underlying issue that contributed to the absence?
- Is the absence linked to a protected characteristic, e.g. disability, mental health or pregnancy?
- Is this the first instance for this employee, or is this a pattern?
- What does your policy say about unauthorised absence, reporting absences and the consequences of unauthorised absence?
- Is your policy contractual?
- Have you conducted a fair and thorough investigation?
- If the employee is still absent, have you made reasonable effort to contact them?
- What was the impact on the business?
- How have you treated unauthorised absences in the past? Consistency when dealing with any case is essential and will help you to avoid claims of unfair dismissal.
If you’re unsure, contact us for further advice.