Unauthorised absence from work: what employers should do before treating it as misconduct

Start with welfare, not blame

Acas describes unauthorised absence as absence without permission, or a failure to follow the organisation's reporting procedure for an unexpected absence. It can include not attending, persistent lateness, leaving early or returning late from authorised leave. Before using that label, confirm the person was actually due to work and that no leave, shift change, remote-working arrangement or message has been missed.

Make proportionate contact attempts. Check work contact details, then personal details and the emergency contact in line with your policy and privacy arrangements. Ask calm, open questions and record when and how contact was attempted. An emergency contact is a route to check immediate welfare, not a person to whom allegations or unnecessary employment information should be disclosed.

Where there is a genuine and serious concern for the employee's safety and ordinary contact routes have failed, Acas says a home visit may be appropriate, or a police welfare check as a last resort. Context matters: an unexplained absence by a lone worker expected at a remote Northumberland site may prompt a different response from a known train delay affecting an office arrival.

Acas: unauthorised absence and welfare checks ↗

Do not decide the reason before you hear it

An unexplained absence may turn out to involve illness, a mental health crisis, travel disruption, bereavement, an emergency involving a dependant, bullying or a disability-related difficulty. A failure to telephone in the prescribed way and the underlying reason for being away are two separate questions. One may justify management action even where the other does not, but only after the employee has had a proper opportunity to explain.

Speak privately and avoid assumptions. Consider whether the employee needs support, a reasonable adjustment or a different reporting method. Pregnancy- and disability-related absence may require separate recording and treatment to avoid discrimination. Known concerns about mental health, harassment or domestic circumstances should influence the welfare response without predetermining the facts.

Employees have a statutory right to a reasonable amount of time off to deal with an emergency involving a dependant. They must tell the employer as soon as reasonably practicable; the statutory right is not generally paid unless the contract or policy says otherwise. It is therefore unsafe to record every short-notice family emergency as misconduct simply because advance permission was impossible.

GOV.UK: time off for family and dependants ↗ · Related guide: pregnancy-related sickness absence →

Classify the issue accurately

Once contact is restored, decide what the evidence shows. It might be authorised sickness with a reporting breach; statutory time off for dependants; another valid reason that the employer agrees to authorise; unauthorised absence with no satisfactory reason; or a wider pattern of lateness or non-attendance. Record the absence category, the reporting issue and any support needs separately.

Confirm what has been agreed, whether evidence is reasonably required, the employee's expected return or next contact point and how future absences must be reported. Do not treat silence as an automatic resignation. If the employment is to end, the employer must make and communicate that decision through a fair, lawful process rather than suggesting the employee dismissed themselves by not attending.

Acas: when there is a valid reason for absence ↗

Handle pay without inventing a penalty

An employer does not usually have to pay for time not worked during unauthorised absence, but it must follow the contract and policy and act fairly. The facts may instead establish sickness absence, paid leave or another contractual entitlement. Record the actual time and reason before payroll closes rather than making an assumption from the rota.

Deducting pay for the unworked time is different from imposing an additional financial penalty. Acas says an extra deduction for lateness must be agreed in the employment contract, must be reasonable and must not take pay below the National Minimum Wage. Check the contractual authority and calculation before making any deduction.

Acas: pay during unauthorised absence ↗ · Related guide: deductions from wages →

Investigate before moving to discipline

An informal conversation may resolve a first or low-impact incident. Formal disciplinary action may be appropriate where the absence had serious consequences, there is no valid reason, or the behaviour is repeated despite earlier support or warnings. The decision should reflect the employee's explanation, length of service, previous record, consistency with comparable cases and any protected or mitigating circumstances.

Gather the rota, attendance record, reporting policy, contact log, messages, previous instructions and the employee's account. Check whether managers applied the policy correctly and whether another employee was treated differently. The investigation is meant to establish facts, not assemble a case for a conclusion already reached.

If the employee remains absent or will not engage, send invitations through appropriate contact routes, explain the issue and possible consequences, allow reasonable time to respond and consider any request for an alternative arrangement. A decision on the available evidence may eventually be necessary, but only after reasonable attempts to obtain their account.

Related guide: workplace investigations →

Use a fair disciplinary process—and keep dismissal last

Where there is a disciplinary case to answer, write to the employee with the allegation, supporting information, possible consequences, hearing arrangements and right to be accompanied. At the hearing, explain the evidence and allow the employee to respond. Give the outcome in writing and offer an appeal. That is the core current Acas Code process; relevant tribunal awards can be adjusted by up to 25% for an unreasonable failure to follow the Code.

Dismissal should be a last resort. Persistent unauthorised absence can amount to misconduct, and an extreme case might be treated as gross misconduct under a clear policy, but the label does not remove the need for investigation and a fair procedure. The employer must still reach a reasonable decision on the actual facts and ensure an authorised manager communicates it.

Acas Code of Practice on disciplinary and grievance procedures ↗ · GOV.UK: dismissal for conduct ↗

First-day manager checklist

A usable policy should define unauthorised absence, give primary and fallback reporting routes, explain pay, set a welfare-escalation process and state who can investigate or take disciplinary decisions. Train managers to use discretion consistently: a policy should guide judgment, not replace it.

• Confirm the employee was scheduled to work and no authorised arrangement was missed.
• Check whether the role, journey or known circumstances create an immediate welfare risk.
• Follow the documented contact sequence and keep a factual contact log.
• Use emergency contacts carefully and disclose only what is necessary.
• Escalate a serious welfare concern proportionately; use police welfare checks only as a last resort.
• When contact is made, ask open questions and listen before classifying the absence.
• Consider sickness, dependant emergencies, disability, pregnancy and other protected circumstances.
• Separate the reason for absence from any breach of the reporting procedure.
• Confirm the next contact, return arrangements and pay position in writing.
• Investigate and follow the Acas Code before imposing formal disciplinary action.