Despite there being a wide range of types of time off available to employees – from 28 days holiday per year to time off for dependants – employers are still regularly faced with situations where employees do not turn up for work when expected.A common question we are faced with is “has the employee effectively resigned by failing to attend work?”\u00a0 The answer is most definitely “no”.\u00a0 The employment relationship is a legally binding contract (whether you have a written contract in place or not) and one party cannot assume the other has ended that agreement – they either have or they haven”t.\u00a0 So, if you haven”t heard anything from your employee, they definitely have not resigned and the employment relationship is ongoing.<\/p>\n
Clearly, you can”t keep an AWOL employee on your books indefinitely, but it is now down to you to take action and bring the employment to an end fairly (and safely). For a step by step guide on resolving this issue see below:<\/p>\n
A step by step guide to deal with AWOL employees<\/p>\n
Step 1: Write to your employee expressing your concern about them, note that they have been absent since [date] and that you have not heard from them.\u00a0 Ask them to make contact with you as a matter of urgency.<\/p>\n
No reply or contact<\/p>\n
Step 2: Write again reiterating your concern for them.\u00a0 Point out that they have been absent since [date] and that you have had no reply to your letter of [date].\u00a0 Tell them that their absence is currently unauthorised and that this may become a disciplinary issue if they do not make contact by [date] with an acceptable explanation for their absence.<\/p>\n
No reply or contact<\/p>\n
Step 3: Invite the employee to a disciplinary hearing to discuss their unauthorised absence from work since [date] and their continued failure to make contact with you.<\/p>\n
No show and no contact<\/p>\n