Ask Us: Employee AWOL
Thanks for your information on hiring students, very useful. I hired a student in June but this week they have not turned up for work at all. I’ve tried phoning, but he just won’t answer my call. Can I just take him off the books now?
In the absence of a resignation letter and no other contact, you cannot assume the employee has resigned. This leaves you with having to dismiss the employee and you will want to ensure that the dismissal is fair to protect yourself from any potential employment tribunal claim.
Even though the employee does not have 2 years’ service with you and therefore could not claim unfair dismissal, they do have the right to claim unfair dismissal for an automatically unfair reason such as whistleblowing, pregnancy or being a trade union member or they could claim the dismissal was discriminatory (based on a protected characteristic). It is therefore prudent to follow a procedure, particularly if any of the claim reasons stated here may apply.
In addition, if there turns out to be a good reason for the absence and lack of contact and the employee is a good performer, it is a much easier and less risky process to have the employee return to work rather than having to dismiss and re-hire.
Following this procedure will ensure that the employee is treated fairly with any mitigating circumstances being considered prior to dismissal. Each step assumes the employee continues to make no contact.
Action
- Employee does not attend work and does not report their absence.
- Try to make contact by phone, text, email, social media private message, home visit as deemed appropriate. State a deadline for the employee to make contact by.
- Enquire with work colleagues and contact the employee’s nominated emergency point of contact.
- On the 2nd day of absence send a letter to the employee’s home address (and by email) stating you are concerned and for the employee to get in touch within 3 days.
- Ensure payroll do not process any wages for the absent days until advised otherwise.
- If there is no response after 3 days, send a more firm letter explaining the employee is absent without notification and state they should get in touch within 3 days.
- If there is no response, send a letter to invite the employee to a disciplinary hearing regarding their absence. Give at least 3 days’ notice of the hearing.
- Hold the hearing – in the employee’s absence if necessary.
- Advise the outcome – dismissal if the employee did not attend.
- Arrange final pay including any accrued annual leave. Pay in lieu of notice may be withheld if the absence is deemed to be gross misconduct.
Remember to keep records of all contact attempts.
If your situation becomes more complex, do seek specific advice to ensure this procedure is appropriate and your risks are minimised. Please do get in touch if you have further questions.
