Wednesday, September 01, 2010
1. Unauthorised - employee just does not turn up for work If an employee does not turn up for work and does not contact you, try to call them on the first day to find out why they did not come into work and keep a log of the calls. If you have not heard from them by the second day, write to them and ask the employee to contact you by a set deadline. A couple of days will be sufficient. Never imply that if they do not contact you, you will assume they have resigned. If he/she fails to respond then set a date for a discplinary hearing - say in 4/5 days time - and invite them to attend, not forgetting to tell them of their right of accompaniment etc. It is possible they will not respond so go ahead with the hearing in their absence; notify them of the outcome and the right to appeal. If they do respond, hold a meeting with them before going ahead with the discplinary hearing. Even if they have an "acceptable" reason for absence such as sickness, they will probably have breached your terms and conditions of work and may still be liable for dismissal, depending upon the circumstances. 2. Short-term absence A short absence of a day or two is probably the most problematical to deal with, as what usually happends is that the employee returns to work and self-certifies their sickness. Even if you suspect the illness is not genuine or they have no excuse for it, a single day off is not normally recognised by an Employment Tribunal as cause for dismissal. Every employee returning from any period of absence (even one day) should be taken through a "Return to Work Interview" by their supervisor. Employees often find this difficult to deal with and will mend their ways. In cases of several short absences you can deal with it under your disciplinary procedure; giving verbal, then written warning which, if ignored, can lead to dismissal. Be aware that the employee's medical condition could give rise to a claim under Disability Discrimination or that a flawed procedure could allow them to claim unfair dismissal in Tribunal.