An unauthorised absence procedure provides a structured approach to managing employees who fail to attend work without proper authorisation, protecting both the business and employee rights.

Key Takeaways

  • Clear procedures prevent misunderstandings and legal claims
  • Investigation must precede any disciplinary action
  • Employees should be given opportunity to explain absence
  • Consistent application across all employees is essential
  • Documentation at every step protects employer position

What Constitutes Unauthorised Absence

Types of Unauthorised Absence

  • No-show - employee fails to attend work
  • Late return - employee exceeds approved leave period
  • Refusal to work - employee declines assigned duties
  • Abandonment - employee leaves without notice
  • Pattern absence - regular unexplained absences

What Is NOT Unauthorised Absence

  • Sick leave - with or without medical evidence
  • Emergency leave - for dependants (Carers Leave Act)
  • Statutory leave - annual leave, parental leave
  • Jury service - statutory right to time off
  • Trade union duties - statutory right to time off

Step-by-Step Procedure

Step 1: Day of Absence

  • Contact employee - phone call, text, or email
  • Record absence - document time and method of contact
  • Allow reasonable time - for employee to respond
  • Escalate if no response - contact emergency contact

Step 2: Follow-Up

  • Send written communication - requesting explanation
  • Set deadline - for response (typically 24-48 hours)
  • Document all attempts - to contact employee
  • Record response - when received

Step 3: Investigation

  • Meet with employee - to discuss absence
  • Allow representation - employee can bring colleague
  • Gather evidence - reasons for absence
  • Consider medical evidence - if sick leave claimed
  • Document findings - investigation report

Step 4: Decision

  • Consider explanation - and supporting evidence
  • Assess reasonableness - of explanation
  • Compare with policy - and previous cases
  • Decide on action - disciplinary or no action
  • Document decision - and reasoning

Step 5: Disciplinary Action (if warranted)

  • First offence - verbal or written warning
  • Repeat offence - final written warning
  • Serious offence - dismissal consideration
  • Consistent application - treat all employees equally

Communication Template

Initial Contact

Dear [Employee Name],

We note you were not at work today [date]. Please contact us
as soon as possible to explain your absence.

If you are unable to attend, please provide:
1. Reason for absence
2. Expected return date
3. Medical evidence (if applicable)

Please respond by [deadline].

Regards,
[Manager Name]

Follow-Up Letter

Dear [Employee Name],

We have not received an explanation for your absence on [date].

Please provide a written explanation by [deadline]. If no
explanation is received, we may need to commence disciplinary
proceedings.

Regards,
[Manager Name]

Investigation Process

Meeting Requirements

  • Give notice - of investigation meeting
  • Allow representation - trade union or colleague
  • Explain purpose - investigation meeting
  • Ask open questions - to gather information
  • Document everything - notes of meeting

Questions to Ask

  • What was the reason for your absence?
  • Did you notify your manager? When and how?
  • Do you have any evidence to support your explanation?
  • Is there anything else you want us to know?
  • What support do you need to prevent future absences?

Disciplinary Outcomes

Warning System

Offence Level Action Duration
First offence Verbal warning 6 months
Second offence Written warning 12 months
Third offence Final written warning 12 months
Fourth offence Dismissal consideration N/A

Mitigating Factors

  • Length of service - longer service may warrant lesser action
  • Previous record - clean record may mitigate
  • Circumstances - genuine emergency or personal issues
  • Cooperation - employee cooperated with investigation
  • Remorse - employee shows genuine regret

Employment Rights Act 1996

  • Right to be heard - before disciplinary action
  • Right to representation - trade union or colleague
  • Reasonableness - decision must be reasonable
  • Consistency - same treatment for same offence

ACAS Code of Practice

  • Investigation - before any disciplinary action
  • Meeting - employee informed of allegations
  • Right to be heard - employee can state case
  • Decision - communicated in writing
  • Appeal - employee can appeal decision

Documentation

What to Record

  • Absence dates - when employee was absent
  • Contact attempts - all attempts to reach employee
  • Explanations - reasons given for absence
  • Evidence - medical certificates, supporting documents
  • Meetings - notes of investigation and disciplinary meetings
  • Decisions - outcomes and reasoning
  • Warnings - issued warnings and their duration

Record Retention

  • Active warnings - for duration of warning period
  • Historical records - for 6 years (limitation period)
  • Confidential storage - secure and accessible only to authorised personnel

Managing Unauthorised Absence

For HR Teams

  1. Develop clear policy - document procedure
  2. Train managers - on procedure and legal requirements
  3. Monitor patterns - track absence data
  4. Apply consistently - same treatment for all
  5. Maintain records - comprehensive documentation

For Managers

  • Act promptly - contact employee quickly
  • Remain objective - investigate before deciding
  • Document everything - notes of all interactions
  • Seek HR advice - for complex cases
  • Treat with respect - maintain dignity throughout

Leave Management for Unauthorised Absence

Effective management requires:

  • Clear policy - documented procedure for all absence types
  • Absence tracking - monitor and record all absences
  • Communication - prompt contact when absence occurs
  • Investigation - thorough and fair process
  • Documentation - comprehensive records at every step

Compliance Checklist

  • Unauthorised absence policy documented
  • Managers trained on procedure
  • Absence tracking system in place
  • Investigation process defined
  • Disciplinary procedure clear
  • Documentation requirements established
  • Appeal process available
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