Management

Unauthorised Absence from Work UK: Employer's Guide (2026)

13 July 20268 min read

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TimeTally gives you a real-time view of who's in and who's absent — so you can spot unauthorised absence the moment it happens.

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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.

"Employers should record when an employee is late for work or has an unauthorised absence."
— Acas, Not turning up for work: unauthorised absence and lateness

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.

HR manager making notes on absence records — Document every contact attempt before beginning a disciplinary process

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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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When everyone can see their attendance records and absence is tracked automatically with absence management software, the need for difficult conversations reduces significantly.

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