When an employee fails to attend work without permission or does not follow the correct procedure for reporting their absence, this may be considered unauthorised absence.
Unauthorised absence can cause difficulties for employers, particularly where an employee repeatedly fails to attend work or makes no attempt to explain their absence. However, an employer should not automatically dismiss an employee simply because they have failed to attend work.
Before considering dismissal, it is important to establish why the employee is absent and follow a fair disciplinary process.
This guide explains when unauthorised absence may lead to dismissal, the steps employers should take and the risks to consider before dismissing an employee.
Initial Telephone Discussion
For an initial telephone discussion, please call us on 01286 872779 or email admin@winrowsolicitors.co.uk and we will be in touch shortly. We advise clients across England and Wales.
What is Unauthorised Absence
Unauthorised absence occurs when an employee does not attend work without permission or fails to follow the employer’s procedure for reporting an unexpected absence.
This could include failing to attend work without making contact, leaving work without permission or failing to return from authorised leave when expected.
Employers should have a clear absence policy explaining how employees are expected to report an absence and what may happen if they fail to follow the correct procedure.
An employer will not normally have to pay an employee for time they have not worked because of unauthorised absence. However, employers should check the employment contract and any relevant workplace policies before making deductions from pay.
Can an Employee Be Dismissed for Unauthorised Absence
Unauthorised absence can potentially lead to dismissal, but dismissal should usually be a last resort.
Depending on the circumstances, unauthorised absence may amount to misconduct. Before taking disciplinary action, the employer should make reasonable attempts to contact the employee and establish why they have not attended work.
There may be a legitimate explanation, such as illness, travel disruption or an unexpected emergency involving a dependant. Employers should not simply assume that an employee has resigned because they have stopped attending work.
Where there is no valid explanation and the absence is repeated or has serious consequences for the business, disciplinary action may be appropriate. Depending on the circumstances and any previous warnings, this could ultimately result in dismissal.
Following a Fair Disciplinary Procedure
If unauthorised absence is treated as misconduct, the employer should follow a fair disciplinary procedure.
This will usually involve investigating the circumstances, informing the employee of the allegations and giving them an opportunity to respond at a disciplinary hearing. Where the statutory right applies, the employee should also be informed of their right to be accompanied at the disciplinary hearing. The employer should consider the employee’s explanation and all relevant circumstances before deciding what action is reasonable.
Employers should follow their own disciplinary procedures and the Acas Code of Practice on disciplinary and grievance procedures. If disciplinary action is taken, the employee should also be given the opportunity to appeal.
Is Unauthorised Absence Gross Misconduct
Unauthorised absence is not automatically gross misconduct.
Whether the conduct is sufficiently serious to amount to gross misconduct will depend on the circumstances, including the nature and length of the absence, the employee’s explanation, their disciplinary record and the effect on the business.
An employer’s disciplinary policy may identify certain types of unauthorised absence as potential gross misconduct. However, dismissal should not be automatic.
If the conduct amounts to gross misconduct, an employee may be dismissed without notice or payment in lieu of notice. This is known as summary dismissal. A fair disciplinary procedure should still be followed before the employee is dismissed.
Important Considerations Before Dismissal
Before taking disciplinary action, employers should consider whether there is an underlying reason for the employee’s absence.
For example, the absence may relate to illness, disability, pregnancy, maternity, mental health difficulties or an emergency involving a dependant. Depending on the circumstances, the employee may have additional legal protections.
Where an employee is disabled, the employer should consider its obligations under the Equality Act 2010, including whether reasonable adjustments may be required. Employers should also ensure that disciplinary action does not amount to unlawful discrimination.
Misconduct can be a potentially fair reason for dismissal, but the employer must still act reasonably and follow a fair procedure.
As of August 2026, employees will generally need two years of continuous employment to bring an ordinary unfair dismissal claim. However, there are important exceptions where no qualifying period applies, including certain automatically unfair reasons for dismissal.
The qualifying period for ordinary unfair dismissal is due to reduce to six months from 1 January 2027. Discrimination claims do not require a minimum length of service.
The Importance of Legal Advice
Dismissing an employee for unauthorised absence can involve several legal considerations, particularly where there may be an underlying reason for the absence.
Errors in the disciplinary process can increase the risk of an employment tribunal claim. Obtaining legal advice can help employers establish the appropriate action to take and ensure that a fair procedure is followed.
How We Can Help
We regularly advise employers on unauthorised absence, disciplinary matters and dismissals. Our team provides clear guidance throughout the process and can assist at every stage.
We offer:
- Advice on dealing with unauthorised absence
- Guidance on disciplinary investigations and hearings
- Advice on misconduct and gross misconduct
- Assistance with dismissals and appeals
- Guidance on reducing the risk of employment tribunal claims
How to Get in Contact
If you need advice about an employee who is absent without authorisation or you are considering dismissal, please contact our specialist team.
For an initial telephone discussion, call us on 01286 872779 or email admin@winrowsolicitors.co.uk
