Unauthorised absence

[red_slr]

How long would you give someone on unauthorised absence before you just replace them and give them their P45 on return?
It seems there is no legal limit that I can find anyway?
At what point can you say you made all possible attempts to contact them and the business cant continue to operate without someone in their role so they just get replaced?
Thoughts on a postcard!!

[TooLateForAName]

how long have they been employed?

[hornetrider]

And how long have they been awol?

[red_slr]

21 months however first 12 was temp.
3 days, no contact. Phone, text, landline, e-mail.
3rd time now.

[mmm-five]

What does your disciplinary procedure mandate?

If the employee has been given unofficial, then official, then final warnings, then I can't see how they'd be able to argue that they've not been warned.

[Gargamel]

Under two years, you can pretty much move ahead and replace them.


Ideally you would have a clause in the contract about process when there is an unauthorised absence.

E.G. Employees must make every effort to contact the business by phone to inform of any absence before 10:00am of the first day of absence. Failure to do so could be considered grounds for dismissal.

Or whatever.

Check their facebook ....

[red_slr]

Ok thanks guys.

[jonny996]

red_slr said:

3 days, no contact. Phone, text, landline, e-mail.
3rd time now.

I think you have been fair letting them get away with this behavour 3 times, if it was a first offence I would say a 2 weeks but this is the forth time & no assurances that it will stop. Your business cannot suffer for peoples stupidity, get recuruiting now.

[xjay1337]

I would agree.
If it was a first instance you could just put it down to intense personal circumstances or whatever, a mental breakdown, whatever - Perhaps even a second time, but if this is the FOURTH time...

Fool me once, and all that.

21 months employment has no legal protection.

[The Moose]

Could you pop round and knock on the door to just ensure everything is ok. A good employer should be interested in their employees welfare...

[hotchy]

For all you know this poor employees wifes been to 50 shades of grey got ideas and left him tied to his bed. Go round and rescue the poor soul instead of just firing him ;-)

[edc]

If this is the 3rd or 4th time they have been absent without leave and without following process and you have let those incidents slide then you may have a hard time convincing a tribunal panel that this incident is worthy of gross misconduct dismissal.

This is why it is important to have a policy or process and to follow it and to make file notes of any incidents.

On the first occasion it is easy to think you will let it slide but the same mindset pervades for the 2nd and 3rd occasions and before you know it you have had enough but due to lack of prior action you risk the business with a potential claim.

[anonymous-user]

mmm-five said:

What does your disciplinary procedure mandate?

A what??



A lot of places are lucky if they have contracts for the employees never mind policy and procedure manuals.

[mph1977]

NinjaPower said:

mmm-five said:

What does your disciplinary procedure mandate?

A what??



A lot of places are lucky if they have contracts for the employees never mind policy and procedure manuals.

and then they wonder why they get an arse reaming when someone brings a trained union rep to a discip or it goes to ET or court ...

[Pit Pony]

Somewhere on the ACAS website there are the 13 steps to dismissal.

I suggest caution, because 3 days suggests a mental health issue, and if this were sorted, and you were able to keep the person they might turn out to be very loyal and hard working.

[red_slr]

Thanks this is sorted now.

[Jasandjules]

red_slr said:

Thanks this is sorted now.

I would be careful and would ensure that you have confirmed these absences are not related to a disability