Procedure where an employee is absent and has not contacted the employer.

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National Trainers Federation 1 February 2012

Procedure where an employee is absent and has not contacted the employer.

What can an employer do where an employee has seemingly disappeared – perhaps not returned from holiday or simply stopped turning up for work?

The employer must not just assume that the employee has left. The contract remains in force until some action is taken by either the employer or the employee to bring it to an end. This could be the employer dismissing the employee or the employee resigning. If it is a dismissal, the employer must ensure it is fair to dismiss and follow correct procedures or may face a claim of unfair dismissal. There could, of course, be a genuine and acceptable reason why the employee has not contacted the employer or it could be that the employee has simply decided to leave and not told the employer. The employer needs to get to the reason for the absence and then decide how to deal with it.

Whilst the following procedure may seem like a lot of work for an employee who has not bothered to be in contact with the employer, it is the best practice to try to prevent a claim from the employee that they have been unfairly dismissed or unlawfully discriminated against.

There are four template letters below and if the employee still fails to get in touch or attend any meeting, then a brief in absence meeting should be carried out and a record made. The various steps in the process can be carried out promptly but the employer must ensure the employee is given sufficient warning of any meeting which may lead to dismissal.

If at any point during the procedure it becomes apparent that the employee has a medical problem which is causing the absence, consideration must be given as to whether the employee has protection from unlawful detriment or dismissal on the grounds of disability. See the NTF manual for further information or contact the NTF office for advice.

To help manage absence, it is good practice to have in place a reporting procedure so that employees know who they must contact and by when if they are unable to attend work. If employees are in the habit of texting or asking work colleagues to pass a message on for them, the employer should remind the employees of the yard rules and that they are to follow them. Having a procedure in place gives a more solid framework to discipline employees for failure to notify of an absence. An informal and then formal disciplinary route could be followed for repeated failures to follow reporting procedures.

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A brief flow chart of the stages to take is set out below: Try to contact employee by phone

Manage to contact employee Unable to contact employee

Send letter 1

Employee responds Employee fails to respond

Investigate absence and failure

to contact. Consider whether disciplinary action is appropriate. Ensure correct disciplinary procedures are followed. See NTF manual.

Send letter 2

Employee attends meeting Employee fails to respond

Hold disciplinary meeting and notify employee of outcome. Ensure correct procedures are followed. See NTF manual.

Send letter 3

Employee attends meeting Employee fails to respond

Hold disciplinary meeting and notify

employee of outcome. Ensure correct procedures are followed. See NTF manual.

Hold meeting in absence and send letter 4 to employee with outcome of meeting

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Step 1 - try to contact employee by phone

Try to contact the employee by phone, using their mobile and landline if both are available. Make notes as to when attempts to contact them were made and whether any message was left or if the phone number was unobtainable or rang out.

If the employee is contacted, the employer should ascertain the reason for the absence and decide whether any disciplinary action is appropriate for either the unauthorised absence or failure to get in contact. If formal disciplinary action (whether that be a warning or dismissal) is considered then the employer must follow the correct disciplinary procedures (see the NTF employment manual chapter 5.2.2)

If the employee says they have left, they should be asked to confirm that in writing. If they are not prepared to do so, then the employer should write to the employee referring to the conversation and confirming acceptance of the resignation. Any outstanding holiday pay should be paid.

Step 2 - write to employee asking them to return or get in touch

If the employee cannot be contacted by phone, then the employer should write to the employee. This letter will advise the employee that they are absent without having provided a clear and acceptable reason and asking them to return to work or make contact advising why they are not at work and how long their absence is likely to last. See template letter 1 below.

The employer should then decide whether the absence and failure to notify were justified, i.e. was there an acceptable reason and if not, the employer may decide to commence disciplinary proceedings. The correct disciplinary procedures must be followed – see chapter 5.2.2 of the NTF manual.

Step 3

If the employee does not respond to the above letter then the employer should write to the employee advising them that their absence and failure to get in touch is being treated as a serious disciplinary matter and inviting the employee into a disciplinary meeting. The employee must be told that the outcome of the meeting could be a warning or dismissal and that they have the right to be accompanied by a work colleague or union representative at the meeting. See template letter 2. If the employee attends the meeting, then the employer should consider the employee’s case and decide what if any disciplinary action is appropriate. The correct disciplinary procedure should be followed and a right of appeal given in respect of any disciplinary action or dismissal. See chapter 5.2.2. of the NTF guide.

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Step 4

The employer should write advising the employee that the meeting has been re-arranged to a new date and that if they do not attend the matter will be considered in their absence. See template letter 3.

If the employee attends this re-arranged meeting, then the employer should listen to their case and make a decision. The correct process must be followed – see NTF employment manual chapter 5. If the employee does not attend then the matter should be considered in their absence and a note made as to what decision is made and by whom and then a letter written to the employee advising of the outcome of the meeting and giving a right of appeal. See template letter 4.

Shortening the process

Depending on the circumstances, steps 3 and 4 could be combined, so that the employee is invited to a disciplinary meeting about the absence and failure to contact and advised that if they do not attend the meeting will be held in their absence. The warning as to possible consequences of the meeting must be included as well as advising the employee of the right to be accompanied. This is not recommended where the employee would be able to claim unfair dismissal (i.e. has over a year’s service) or the employer suspects there could be the potential for a discrimination claim.

Disability discrimination

As mentioned on the first page, if at any point during the procedure it becomes apparent that the employee is absent due to illness, consideration must be given as to whether the employee has protection from unlawful detriment or dismissal on the grounds of disability. See the NTF manual for further information or contact the NTF office for assistance.

Following the procedure

If at any stage during the procedure, information comes to light which the employer needs to investigate, the procedure should be adjourned whilst enquiries are made. The advice in this guidance sets out the basic steps and individual circumstances may necessitate a different approach or additional steps to be taken.

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Template letter 1

Dear employee

You have been absent from work without providing us with a clear and acceptable reason since [ ].

We have tried to contact you by telephone without success.

We ask that you either return to work or as a matter of urgency contact [put in name and phone number of person at yard they should ring] to advise as to why you are not at work and how long your absence is likely to last.

Please note that we will investigate with you the reason for your absence and your failure to notify us and following this investigation we will decide whether any disciplinary action is required. Yours sincerely

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Template Letter 2

Dear employee

You have been absent from work since [ ] without having provided us with a clear and acceptable reason.

We have tried to contact you by telephone on a number of occasions and wrote to you on [ ] asking you to contact us, which you have failed to do.

We are now treating your absence and failure to contact us as serious disciplinary matters and write

to invite you into a meeting on [ ] at [ ] in the presence of

[ ] where ...

The possible consequences of this meeting are a warning, a final warning or dismissal including dismissal without notice*

You have the right to be accompanied by a work colleague or an accredited trade union representative at the meeting.

Yours sincerely

*note to employer – any disciplinary sanction must be reasonable in all the circumstances. There is guidance in the NTF manual chapter 5 on disciplinary sanctions.

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Template Letter 3 Dear employee

You have been absent from work since [ ] without having provided a clear and acceptable reason.

We have tried to contact you by telephone on a number of occasions and wrote to you on [ ] and more recently on [ ] inviting you to a disciplinary meeting on [ ] to consider your absence and failure to contact us. As you failed to attend that meeting, we have now re-arranged this to [

]. The possible consequences of this meeting are a warning, a final warning or dismissal including dismissal without notice. *

You have the right to be accompanied by an accredited trade union representative or work colleague.

We ask you to note that if you do not attend this meeting, then it will be held in your absence.,

*note to employer – any disciplinary sanction must be reasonable in all the circumstances. There is guidance in the NTF manual chapter 5 on disciplinary sanctions.

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Template Letter 4 Dear

We write further to our letter of [ ].

As you failed to attend the re-arranged meeting on [ ] it was held in your absence and the decision was taken by [ ] that you be dismissed without notice, so your last day of employment with the company is [ ]. You have the right to appeal against this decision. If you wish to appeal then please contact us in writing with your grounds of appeal within the next 5 days.