Managing unauthorised absence: A practical guide for employers

Employee absence can be disruptive for any business, especially when it is unexpected and unexplained. While authorised leave such as holiday or pre-agreed time off is straightforward, unauthorised absence presents challenges for both employers and fellow employees.

This guide explains what constitutes unauthorised absence, its common causes, the legal implications under UK employment law, and the steps employers should take to manage such situations fairly and lawfully.

What is Unauthorised Absence?

Starting with what is meant by ‘unauthorised absence’. This is when an employee does not attend work and has not obtained prior approval or provided a valid reason. It is sometimes referred to as being absent without leave (AWOL). This can include:

• Not attending work, without notifying the employer

• Leaving work part way through a shift, without permission

• Taking holiday without agreement

• Not returning to work after authorised leave has ended

Unauthorised absence is different to authorised absence, and it is important to distinguish between the two. Authorised absence includes sickness with a medical certificate, maternity or paternity leave, or time off agreed in line with workplace policy.

Common Causes of Unauthorised Absence

Employees may be absent without authorisation for many reasons, including:

• Personal emergencies where they fail to notify their manager

• Health issues where medical evidence has not been provided

• Family or caring responsibilities without prior agreement for leave

• Workplace conflict or disengagement leading to avoidance

• Misunderstandings about entitlement such as holiday requests not being confirmed

Understanding the underlying cause is essential before potentially taking disciplinary action.

Legal Implications for Employers

When dealing with unauthorised absence, employers need to balance the disruption that it has caused with the legal obligation to act fairly. The main considerations for employers are:

Contractual obligations

Employees are contractually required to attend work unless they have a valid and authorised reason to be absent. Persistent or repeated failure to attend work without permission may amount to misconduct or, in more serious cases, gross misconduct.

Fair process

Employers must not assume misconduct without first investigating. The ACAS Code of Practice on Disciplinary and Grievance Procedures requires employers to carry out a reasonable investigation, put the allegations to the employee, and give them an opportunity to respond before deciding on any sanction.

Failure to follow this process could make any action procedurally unfair.

Dismissal risks

In cases of repeated or prolonged unauthorised absence, dismissal may be a possible outcome. However, to be fair in law under the Employment Rights Act 1996, the dismissal must be both procedurally fair and based on a genuine reason, such as misconduct or “some other substantial reason”.

Employers should consider the length of service, the impact of the absence, and whether alternatives such as a warning have been tried.

Equality considerations

Employers must also check whether the absence is connected to a protected characteristic under the Equality Act 2010.

For example, unexplained absence linked to disability, pregnancy, or caring responsibilities may require reasonable adjustments or alternative support. Taking disciplinary action without exploring this could result in discrimination claims.

Employer Best Practice: Policies and Procedures

Having clear policies in place is the best way to prevent confusion and ensure consistency. Employers should:

• Ensure that absence rules are available in writing, this should be in the employment contracts and handbooks: State the requirement to notify the manager, how and when, and the consequences of failure.

• Set out reporting procedures: Specify who employees should contact, within what timeframe, and by what method (for example, telephone call at least 15 minutes before the start of shift).

• Outline disciplinary consequences: Explain how unauthorised absence will be managed, from informal warnings to formal disciplinary action.

• Ensure consistency: Apply rules fairly across all employees to avoid claims of unfair treatment.

Documenting Unauthorised Absence

Accurate records are essential for managing absence effectively and defending against potential tribunal claims. Employers should:

• Record the dates and times of absence

• Note attempts to contact the employee

• Keep copies of correspondence such as emails or text messages

• Document any explanations provided

• File meeting notes and return-to-work forms

Well-kept documentation provides evidence of fair treatment and supports any future disciplinary action.

Handling Unauthorised Absence: A step-by-step guide

1. Attempt contact quickly: Call or message the employee to check their wellbeing and request an explanation.

2. Investigate the cause: Allow the employee to explain, and consider whether the absence is linked to illness, personal circumstances, or workplace issues.

3. Hold a return-to-work meeting: On their return, meet with the employee to discuss the absence, clarify reporting expectations, and update absence records. Check their understanding of the reporting procedure.

4. Apply policy consistently: Where there is no reasonable explanation, follow your disciplinary policy. This could range from informal counselling to formal warnings.

5. Escalate where necessary: In cases of repeated or prolonged unauthorised absence, a full disciplinary process may be appropriate, potentially leading to dismissal if justified.

Return-to-Work Meetings

Return-to-work meetings are a valuable tool in absence management. They:

• Allow managers to understand the reason for the absence

• Reinforce the importance of following reporting procedures

• Identify any underlying issues that may require support

• Provide an opportunity to remind the employee of potential consequences for repeated unauthorised absence

• Give the employee an opportunity to discuss any concerns that caused the absence, or hesitations about returning

These meetings should be documented and stored securely.

Key Takeaways for Employers

• Unauthorised absence can amount to misconduct, but employers must investigate fairly before taking action.

• Having clear absence policies reduces risk and ensures employees understand expectations.

• Thorough documentation and consistent application of procedures are essential.

• Dismissal for unauthorised absence may be fair if process is followed, but rushed or inconsistent action can result in unfair dismissal claims.

 

While unauthorised absence is disruptive and frustrating, handling it fairly and consistently is crucial. Employers who apply robust policies, maintain accurate records, and follow the ACAS Code of Practice reduce the risk of legal claims and create a fairer workplace culture.

If you need support reviewing your absence policies, investigating a case of unauthorised absence, or managing a disciplinary process, Popoki HR can help. Get in touch to discuss how we can support your business.