Unauthorised Absence from Work UK: Employer's Guide (2026)
An employee doesn't show up for work and doesn't call in. A day passes. Then another. You've sent messages with no response. Is this a personal crisis? Are they ill? Are they simply AWOL? Unauthorised absence is one of the trickier HR situations for UK employers — it needs to be handled carefully to avoid both legal risk and the wrong outcome for someone who may be in genuine difficulty.
This guide explains what unauthorised absence is, what you can and cannot do, and how to build a process that's firm, fair, and legally defensible.
What Is Unauthorised Absence?
Unauthorised absence is when an employee fails to attend work without having received approval for the absence and without following the notification procedure set out in their contract or absence policy. It covers situations such as:
- Not turning up without calling in sick
- Taking annual leave that hasn't been approved
- Extending a holiday beyond the approved dates
- Going AWOL (absent without leave) for an extended period
- Not returning from a career break or secondment on the agreed date
It does not include absence that the employee has notified you of, even if it's frequent or inconvenient. Unauthorised absence specifically means you didn't know they wouldn't be there, or they didn't follow the correct process.
Can You Withhold Pay for Unauthorised Absence?
Yes — if an employee is absent from work without authorisation, you are generally entitled to withhold pay for the days not worked. The principle is simple: no work, no pay, unless the contract provides otherwise.
However, you must:
- Have this clearly stated in the contract of employment (or be able to demonstrate it's an implied term)
- Not make unlawful deductions from wages under the Employment Rights Act 1996
- Be careful if the absence later turns out to be a medical or disability-related issue
Most employment lawyers recommend including an explicit clause in employment contracts permitting deductions for unauthorised absence, to avoid any ambiguity.
"An employee who is absent without leave is in breach of their contract of employment. The employer may treat this as gross misconduct in serious cases."
— ACAS Code of Practice on Disciplinary Procedures
The Right Response: A Step-by-Step Process
Step 1: Attempt to Make Contact
Before taking any disciplinary action, you must make genuine attempts to contact the employee. Try:
- Calling their personal mobile number
- Texting or emailing
- Contacting the emergency contact listed in their employment record
- Writing to their home address if the absence extends beyond a few days
Keep records of every attempt you make, including date, time, and method. This is critical if the matter escalates to a disciplinary hearing or Employment Tribunal.
Step 2: Consider the Reasons
Before assuming misconduct, consider whether there could be a legitimate reason you're not aware of:
- A sudden mental health crisis
- A family emergency or personal tragedy
- Hospitalisation or serious illness
- Domestic abuse or a safeguarding situation
- A dispute with a manager they were afraid to raise
This doesn't mean accepting the absence as authorised — but it means your first step should be concern, not punishment. If you rush to dismiss someone who was in hospital, you'll face an unfair dismissal claim.
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Step 3: Invite to a Return-to-Work Meeting
If the employee returns (or contacts you), hold a return-to-work interview as soon as possible. This gives you the opportunity to:
- Hear their explanation for the absence
- Assess whether the absence was genuinely unavoidable
- Decide whether disciplinary action is appropriate
- Document the conversation
The return-to-work interview form is an important document here. Keep a signed copy in the employee file.
Step 4: Take Disciplinary Action If Appropriate
If the employee's explanation doesn't justify the absence, you can begin a disciplinary process in line with the ACAS Code. Depending on the severity and history:
- Verbal warning: For a first or minor instance
- Written warning: For a second instance or more serious case
- Final written warning: Where there is a pattern of behaviour
- Dismissal: In the most serious cases — especially extended AWOL or repeated absences despite warnings
Always follow the ACAS Code of Practice on Disciplinary and Grievance Procedures. Failure to follow a fair process — even if the dismissal is justified — can result in an uplift to any Employment Tribunal award.
AWOL: When an Employee Simply Disappears
If an employee goes AWOL for an extended period with no contact, this is potentially gross misconduct and can be grounds for summary dismissal — but only after a fair process:
- Make documented contact attempts at multiple intervals
- Write to their home address giving them a deadline to respond
- Hold a disciplinary hearing in their absence if they don't respond (with a letter inviting them and explaining the potential outcome)
- Make the dismissal decision in writing and send recorded delivery
Courts have accepted dismissal for AWOL where employers have followed this process. Courts have also overturned dismissals where employers acted too quickly without adequate attempts to reach the employee.
Preventing Unauthorised Absence
The best way to handle unauthorised absence is to reduce its frequency. Common causes include:
- Unclear absence notification procedures ("I didn't know who to call")
- A culture where managers punish people for calling in sick, leading staff to simply not show up
- Absence policies that aren't communicated to staff
- No time and attendance system to detect absence quickly
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Key Takeaways
- Unauthorised absence is a breach of contract — you can withhold pay for the missed days
- Always make documented contact attempts before taking disciplinary action
- Follow the ACAS Code throughout — failure to do so risks an uplift at tribunal
- Consider whether the absence could be disability or health-related before escalating
- Extended AWOL can be grounds for summary dismissal after a fair process
- Prevention through clear policies and good attendance tracking reduces instances significantly