A practical guide to managing unexplained absence fairly and safely

There was no blog from me last week. I was on holiday -  so at least everyone knew where I was.

But what happens when an employee simply doesn't turn up for work?

No phone call. No email. No message to their manager.

They are simply missing - or, as it is often described, AWOL.

That is frustrating, particularly when colleagues must cover the work or a manager has to reorganise the day at short notice.

The immediate reaction might be:

"If they cannot be bothered to turn up or even call us, that is unauthorised absence."

It may well be. But before treating the situation as a conduct issue, the first question should not be "How do we discipline them?" It should be "Are they safe?"

First, check the obvious

First, make sure the employee really should be at work. Is there forgotten annual leave, an agreed appointment, a shift change or a different work location? Has the employee told somebody else, but the message has not been passed on?

If there is no obvious explanation, try their work and personal contact details. Call, message or email and, depending on the circumstances, try again later. Record the date, time and method of each attempt in case the matter later needs to be handled formally.

Put welfare before conduct

A normally reliable employee who suddenly does not arrive may have had an accident, become ill, faced a family emergency or be experiencing a mental health crisis. Employers have a duty of care, and Acas advises them to take reasonable steps to establish where an absent employee is and whether they are safe.

If attempts to reach the employee fail, it may be appropriate to contact their emergency contact. Explain why you are calling, ask open questions and avoid causing unnecessary alarm.

Urgency will depend on the circumstances. A lone worker who misses a check-in may require a quicker response under the organisation's risk assessment and safety arrangements.

If all reasonable contact attempts fail and there is a genuine, serious safety concern, a home visit may be appropriate or, as a last resort, the police could be asked to carry out a welfare check.

What if you still cannot reach them?

There is no magic number of hours or days. The response will depend on the employee's usual reliability, their role, any known personal circumstances and the level of welfare concern. However, the position cannot remain unresolved indefinitely. If there is still no contact, the employer should write to the employee. The letter should:

  • Confirm that they have not attended work or followed the normal absence reporting procedure;
  • Set out the attempts made to contact them;
  • Confirm that, without an explanation, the absence is currently being treated as unauthorised;
  • Ask them to make contact urgently and give a clear, reasonable deadline; and
  • Explain that continued unauthorised absence and failure to make contact may result in formal disciplinary action.

Send the letter using appropriate methods. Do not rely only on post if you would normally communicate by email as well, and keep copies of everything sent.

Consider how the absence will be recorded and paid under the contract and relevant policies. Employers do not generally have to pay for time not worked, but should act fairly while the facts remain unclear.

Absence records and emergency contact information should be handled confidentially and in line with data protection requirements.

If there is still no response

If the deadline passes without a response, try again. A second letter may be appropriate, making clear that the continued absence and lack of contact are serious concerns that may be dealt with under the disciplinary procedure.

Ultimately, the employer may need to consider disciplinary action in the employee's absence, but a fair process is still required. The employee should be told the concerns, invited to a hearing, given a reasonable opportunity to respond, advised of their right to be accompanied and warned of the possible consequences.

If they do not attend or respond, make further reasonable attempts to enable them to participate. The employer may eventually have to proceed in their absence using the information available. Confirm any outcome in writing and include the right of appeal.

Dismissal may be an option in some cases, but it should be a last resort rather than the starting point. An employer should not simply assume that an employee has resigned because they have stopped attending work or making contact.

You have reached them - what next?

If contact is made, the first step is to establish what happened.

There may be a reasonable explanation for both the absence and the failure to report it. If someone was rushed into hospital, for example, the first conversation should focus on their wellbeing and the facts - not an accusation about missing the 9am deadline.

Ask the right questions. Was the employee capable of contacting work? Could somebody have contacted the employer for them? Did they understand the procedure? Is there a health condition, disability or other personal circumstance to consider?

Establish the facts and consider any support or reasonable adjustments that may be needed before deciding what, if anything, should happen next.

What if there is no reasonable explanation?

If the employee simply decided not to attend work and made no reasonable attempt to tell anyone, the absence may be unauthorised and the failure to follow the reporting procedure may become a conduct issue.

That does not automatically mean dismissal - or even formal disciplinary action. An informal conversation may be enough where the incident is out of character, the impact was limited and there have been no previous concerns.

Where the matter is more serious, has caused significant disruption or forms part of a pattern, formal disciplinary action may be appropriate. The response should be reasonable and proportionate to the facts established.

Make sure your managers know what to do

A good absence procedure should tell employees how and when to report an unexpected absence, who to contact and what may happen if they do not follow the procedure. But a policy sitting in a handbook is not enough.

Managers need practical guidance: who makes contact, when to use an emergency contact, when to escalate a welfare concern, how to record attempts and when to seek HR advice.

Emergency contact details should be kept up to date, and lone-working arrangements should clearly explain what happens if an employee misses a scheduled check-in and cannot be reached.

These decisions are much easier to get right when the process has been thought through before somebody goes AWOL.

Start by finding out why

When an employee unexpectedly fails to turn up for work, do not start with discipline. Start by finding out why.

There may be a genuine emergency or welfare issue. There may be a perfectly reasonable explanation. And, of course, there may not be. If there is no good reason, the employer can address that - but through the right process.

At Rely Ltd - HR & Training Specialists, we support employers with absence management, disciplinary issues and those awkward employee situations where knowing what to do next is not always straightforward.

We also provide practical training and coaching so managers know what to do, from the first unexplained absence through to a formal process where necessary.

If one of your employees has stopped attending work and you are unsure what to do next, talk to us before taking action.

This article provides general HR guidance and should not be relied upon as legal advice. Individual circumstances should always be considered before taking action.