Unauthorised Absence: Definition & How to Handle It

Unauthorised absence occurs when an employee fails to attend work without prior approval, a valid reason, or both — effectively absenting themselves from their duties in breach of their employment contract. Unlike planned leave or documented sick absence, unauthorised absence represents a breakdown in the employer-employee relationship that requires a structured, proportionate response.

Handled well, it is an opportunity to understand and resolve underlying issues. Handled poorly, it exposes the organisation to tribunal claims and damages team morale.

Key Takeaways

• Unauthorised absence is any absence from work that has not been approved and for which no valid reason is provided.
• Employers should attempt contact immediately — the first 24 to 48 hours are critical for understanding the situation.
• Investigate before acting. Unauthorised absence may have a legitimate explanation that does not warrant disciplinary action.
• Follow a structured disciplinary process aligned with ACAS guidance — informal warning, formal warning, final warning, potential dismissal.
• Consistency is essential. Treat similar situations the same way to avoid discrimination or unfair dismissal claims.

What Counts as Unauthorised Absence?

An absence is unauthorised when all three conditions are met:

1. The employee did not attend work — They were not present at their scheduled time and location.
2. No prior approval was given — No leave request was submitted or approved for the day(s) in question.
3. No valid reason is provided — The employee has not communicated a reason, or the reason given does not justify the absence.

Common examples include:

• No-call, no-show (NCNS) — The employee does not turn up and does not contact the employer.
• Absence beyond approved leave — An employee on approved annual leave extends it without requesting additional days.
• Unapproved early departure — Leaving work before the end of a shift without manager approval.
• Refusal to attend — The employee is at work but refuses to carry out their duties (this may also be treated as misconduct).

What Is Not Unauthorised Absence?

It is equally important to recognise what does not qualify:

• Approved leave — Annual leave, parental leave, bereavement leave that was sanctioned by the employer.
• Sick leave without a fit note — An employee can self-certify for up to 7 calendar days without a medical certificate. Absence during this period is not unauthorised even if the employer finds it inconvenient.
• Emergency situations — Employees have an implied right to take reasonable time off for emergencies involving dependents under ERA 1996 s.57A.
• Protected leave — Jury service, trade union duties, maternity/paternity leave have statutory protections.

The First 24-48 Hours: Immediate Steps

When an employee fails to attend without notice, act quickly but calmly.

1. Attempt Contact

Call the employee’s mobile phone. Send a text message. Email them. If you have an emergency contact on file, try that. The goal is to establish whether the absence is voluntary (the employee chose not to come in) or involuntary (an emergency, illness, or accident prevented contact).

Do not assume the worst. A no-call, no-show on a Monday morning may indicate a disciplinary issue, but it may also indicate a medical emergency, a mental health crisis, or a family emergency.

2. Follow Your Absence Procedure

Most absence policies require the employee to:

• Contact their line manager or a designated person within a specified timeframe (often before the start of their shift or within one hour)
• Provide a reason for the absence
• Provide medical evidence if the absence is sickness-related (self-certification for up to 7 days, fit note thereafter)

If the employee has breached these requirements, document it.

3. Record the Facts

Document everything from the outset:

• The date and time the absence was discovered
• Who was contacted, when, and the outcome
• What the employee said (or did not say) if contact was made
• Any supporting information provided

Investigation Process

Before taking any formal action, investigate the circumstances. The ACAS Code of Practice on Disciplinary and Grievance Procedures requires employers to carry out reasonable investigation.

Step 1: Gather Information

• Review the employee’s absence history
• Check whether leave requests were submitted (or pending)
• Speak to colleagues who may have information
• Review any communication from the employee (texts, emails, voicemails)

Step 2: Conduct an Investigation Meeting

This is not a disciplinary hearing — it is a fact-finding meeting. The purpose is to establish what happened and why. Invite the employee to explain their absence. Allow them to be accompanied if your policy provides for it.

Step 3: Consider Medical Evidence

If the employee claims illness, request a fit note or GP letter. Do not dismiss a medical explanation without evidence. An employee experiencing a mental health crisis may have been unable to contact you, and that is not unauthorised absence — it is a health issue requiring support.

Step 4: Reach a Conclusion

Based on the evidence, categorise the absence as one of the following:

• Authorised (retrospectively) — The employee had a valid reason that justifies the absence
• Unauthorised but mitigated — The absence was technically unauthorised, but circumstances (e.g., emergency, miscommunication) warrant a warning rather than formal action
• Unauthorised and unmitigated — The employee had no valid reason and did not follow absence reporting procedures

Disciplinary Process for Unauthorised Absence

If the absence is confirmed as unauthorised, follow your disciplinary procedure. The ACAS Code sets the framework:

Stage	Trigger	Outcome
Verbal warning	First instance, or pattern of minor breaches	Formal record of the warning, issued in a meeting
First written warning	Repeated unauthorised absence, or a single serious incident	Written warning stating the improvement expected and the timeframe
Final written warning	Further breach after first written warning	Final warning — dismissal is the next step if the behaviour continues
Dismissal	Continued unauthorised absence after final warning, or a single egregious instance	Termination of employment, with notice period or payment in lieu

At each stage, the employee has the right to:

• Be informed of the allegations in advance
• Be accompanied by a colleague or trade union representative
• State their case
• Appeal the decision

Gross Misconduct Considerations

A single instance of unauthorised absence can constitute gross misconduct if it is sufficiently serious — for example, an employee who fails to attend for multiple consecutive days without contact, causing significant operational damage. However, dismissal for a first offence requires compelling evidence that the absence was deliberate and the impact was severe. In most cases, the progressive discipline approach is safer.

Preventing Unauthorised Absence

The best way to manage unauthorised absence is to reduce its frequency.

Clear Absence Reporting Procedures

Every employee should know exactly how to report an absence, who to contact, and the timeframe. Include this in the employee handbook and reiterate it during onboarding.

Use Leave Management Software

Digital leave request systems create a clear record of approved and pending leave. When employees can see their leave balance and request time off from their phone, unauthorised absence decreases. You also eliminate the ambiguity of verbal agreements and forgotten requests.

Address Underlying Causes

Frequent unauthorised absence often signals deeper problems — dissatisfaction, burnout, workload pressure, personal issues. Exit interviews and employee surveys can reveal these patterns. An employee who feels supported is less likely to absent themselves without notice.

Apply the Policy Consistently

If one employee receives a verbal warning for unauthorised absence while another receives nothing for the same behaviour, you have a consistency problem that invites tribunal claims. Apply your triggers and disciplinary process uniformly across the workforce.

Frequently Asked Questions

Can I dock pay for unauthorised absence?

In the UK, you can withhold pay for unauthorised absence if the employment contract permits it. However, you cannot reduce pay below the National Minimum Wage. Check your contracts carefully — many contain clauses allowing the employer to withhold pay for periods of unauthorised absence.

What if the employee has a mental health condition?

Mental health conditions may qualify as disabilities under the Equality Act 2010. If unauthorised absence is linked to a disability, you have a duty to make reasonable adjustments before taking disciplinary action. This may include adjusted trigger points, flexible working arrangements, or referral to an employee assistance programme.

How many instances of unauthorised absence justify dismissal?

There is no fixed number. The ACAS Code requires a proportionate response. A tribunal will assess whether the employer followed a fair process, considered the employee’s circumstances, and acted consistently with its own policy. Two or three instances following a formal warning may justify dismissal, but a single instance may not.

Should I accept a resignation during a disciplinary process for unauthorised absence?

An employee may resign during a disciplinary process. You can still conclude the investigation for record-keeping purposes, but the disciplinary process effectively ends when the employee leaves. If the resignation letter contains an effective date within the notice period, you can choose to accept it immediately or require the employee to work their notice.

Does unauthorised absence go on a reference?

UK employers are not legally required to provide a reference, but if they do, it must be truthful and not misleading. An employer may reference the fact that a disciplinary process was underway, but should be cautious about subjective statements. The safest approach is to confirm dates, job title, and the factual reason for leaving.