The trend of employee absences
As we approach the end of January, the month of post-Christmas blues, the trend that seems to be picked up over the advice line is of employee absences. More particularly, absences without leave (AWOL).
Consequently employers are calling in seeking advice on how to move forward with employees who have not come into work. This is because they have gone on holiday without having prior authorisation or even having their holiday declined, and still being absent from work.
It is important to ensure that the employee handbook clearly identifies that if employees are absent without leave then this will be considered as unpaid leave. In turn this could lead to disciplinary action being taken against them. It is important to manage this very closely as letting one employee, with such absence, sets president for others to follow suit.
Question of the week
Following on from the trend of employee absences, one of the questions asked on the advice line was …
“My employee has not come into work for the last two days. I have a feeling that they have gone on the holiday that they were refused… I know this because I have overheard them previously talking that they are still going to go on holiday because it’s been booked.”
Not turning up for work and not having a good reason for being absent generally constitutes a breach of contract. An employer is entitled to dismiss an employee on that basis, having first followed the correct procedure. Before moving to disciplinary proceedings, the employer must have made a number of attempts, via all available means.
This includes, calling the employee, sending letters, and any other forms of communications deemed reasonable, to contact the employee. Having tried all methods of contact and having received no response, the employer must then write to the employee inviting them to attend a disciplinary hearing. Ensuring that the letter is send via recorded delivery to verify whether or not it has been received.
Reasons for employee absences can be explained at a hearing
If the employee responds and subsequently attends the disciplinary hearing, they will have a chance to explain the reasons for their absence and the employer can make a decision on the outcome of the proceedings.
If however, the employee does not respond, the employer can go ahead with the disciplinary hearing in their absence, as long as this has been communicated in the disciplinary invite letter. During this meeting the employer must follow the same steps as though the employee were present.
That is, documenting everything that is said and producing minutes of the hearing. If the hearing concludes that, given the available evidence, there is no reason for the employee’s absence and they have in fact breached their contract, it is then possible to dismiss them.
You will need to write to them to confirm your decision, remembering to give them the opportunity to appeal against the company’s decision. Remember during this process you should not assume that the employee has resigned from their position. It is recommended that the employer should go through the proper disciplinary process.
Absent without leave
Absent without leave (AWOL), happens more often than you’d think.
There are many reasons for AWOL not just the usual one of the employee going on holiday without authorisation. Some other examples could be an employee on maternity leave or sick leave doesn’t communicate with their employer regarding their return to work.
Or that their fit note has expired and the employee has not come into work, or sent in another fit note. At times like these you are left trying to figure out what’s going on and what to do next. If there are talks overheard about the employee going on holiday, even though holiday has not been authorised, then the employer should raise this with them and clearly state that if the employee does go on the holiday, it will be considered as unauthorised leave and could lead to a disciplinary action being taken against them.
For more information, please contact us or take a look at HR Outsourcing.
