Post Christmas Blues…
With it being January, the month of post-Christmas blues there can be an influx of sickness absences or more specifically absences without leave (AWOL). Employers may be faced with how to move forward with employees who have not come into work as 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 states that if an employee is AWOL then this will be considered as unpaid leave and could lead to a disciplinary action. It is important to manage this very closely, as not managing an employee who is AWOL could set precedent for others to follow suit.
Question of the week
Following on from the trend, one of the questions often asked on the advice line is - My employee has not come into work for the last two days, I have a feeling they have gone on their holiday they were refused…I know this because I have overheard them previously saying that they are still going to go on holiday because it’s been booked.
If there are conversations 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.
Not turning up for work and not having a good reason for being absent generally constitutes a breach of contract. An employer could be entitled to take disciplinary action against the employee, which could ultimately lead to a potential dismissal.
Following the correct process
Before moving to disciplinary proceedings, the employer must show what steps they have taken to make contact, via all available means, this includes, calling the employee, sending letters, and any other forms of communications deemed reasonable. Having tried all methods of contact and having received no response, the employer must then follow the disciplinary procedure.
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.
AWOL applies in many situations; for example, could be an employee on maternity leave or sick leave who does not 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. In all AWOL cases; the employer must follow due process and not assume the employee has resigned. Failure to follow the correct process could lead to an unfair dismissal or discrimination claim at Employment Tribunal.
If you have any concerns about your employees or want to know more about absence management please do call us on 0333 240 7208 and our experts can advise you on the best course of action.
