In any workplace, the occasional employee absence is to be expected. However, when an employee goes absent without leave (AWOL) it can cause concern for their wellbeing, operational disruption, create extra work for colleagues, and raise important HR related questions about how best to deal with the situation you face. Understanding how to handle an AWOL issue correctly is essential for employers. This guide explains the AWOL process, legal considerations, and practical steps to manage these situations effectively.
What does AWOL mean?
AWOL in the workplace typically refers to when employees fail to attend work without informing their employer. Sometimes this is also called a “no show”.
Employees might go AWOL for a variety of reasons including: personal emergencies, health issues, dissatisfaction at work, or even deliberate work avoidance. While not all AWOL absences are intentional, it’s important for employers to respond in a structured way to protect their business and comply with employment law.
Legal considerations for AWOL
Employment law recognises that employees have the right to not attend or leave work for legitimate reasons, such as sickness or emergencies related to them or their dependents. However, going AWOL without communication and explanation can be treated as unauthorised absence, which may trigger disciplinary action.
Key legal points include:
- Contractual obligations – Employees are generally expected to follow the terms of their contract and company policies regarding attendance and reporting absences. Breaching these obligations could amount to misconduct.
- Disciplinary procedure – Before taking any formal action, employers must follow a fair process. ACAS guidance on disciplinary and grievance procedures emphasises that employees should be informed of the alleged misconduct and given a chance to respond before any decisions are made.
- Unfair dismissal risk – Repeated or prolonged AWOL behaviour may lead to dismissal, but only if the employer follows a fair procedure. Failing to do so could result in an unfair dismissal claim.
- Sickness vs AWOL – If an employee claims illness, employers should request evidence, such as a doctor’s note, before assuming the absence is unauthorised. Misclassifying a legitimate sickness absence as AWOL could be legally risky.
Steps for handling an AWOL situation
Handling an employee who has gone AWOL involves a combination of investigation, communication, and documentation. Following these steps will help to simplify the process.
- Attempt contact immediately
When an employeefails to show up for work, try contacting them via phone, email, or any other appropriate method. If after various attempts you have not been able to make contact then you may also wish to consider getting in touch with the employee’s next of kin if you hold their details on file. Sometimes a simple misunderstanding around a changed shift time or a family emergency is the cause for an unreported absence so try and establish the reason as soon as possible and then things don’t escalate unnecessarily. - Document all attempts
It is important to keep a record of allattempted communications with the AWOL employee, whether that is via phone calls, text messages, emails, or letters. Documentation is critical evidence of the steps you have taken to try and resolve the matter if further disciplinary action is required later. - Review company policies
Check your staff handbook or employment contract for your absence reporting procedures. Policies should clearly outline how and when employees must report absences, and the consequences offailing to do so. If these expectations aren’t in place then you should update your documentation. - Consider the context
An AWOL incident may haveany number of mitigating factors, from personal emergencies to mental health issues. Employers should be mindful of the Equality Act 2010, which protects employees from discrimination and ensures reasonable adjustments are considered. - Issue a formal warning if necessary
If the absence is unexplained or repeated, a written warning may be appropriate.ACAS guidance recommends a progressive disciplinary approach, giving employees the opportunity to correct their behaviour. - Consider termination in persistent casesor where the employeefails to make contact
If AWOL behaviour continues despite warnings, or when an employee fails to respond to requests for them to make contact employers may move to dismissal. It’s essential though that all actions are fair, proportionate, and documented so make sure to still follow the normal steps in your disciplinary policy including meeting invite letters and providing any evidence that is relevant.
Practical tips for preventing AWOL
Preventing AWOL is always preferable to having to react to it. There are several practical steps which could help. Clear policies that explain absence reporting requirements ensure that employees are fully aware of their obligations if they are absent from work including who to report absences to and by when. For new employees these expectations can be established during onboarding and induction and existing employees can be reminded where they can access the company policy and who to contact if they have any questions. Sometimes AWOL issues arise because employees are worried or uncomfortable about reporting sickness or personal issues. Creating a culture of open communication which upholds confidentiality and supports employees will assist with reducing any anxiety related to these matters and will encourage employees to report their absences and share any concerns they may have. Addressing attendance problems quickly before they escalate into AWOL situations is also hugely beneficial and will save time and stress for all involved.
Handling payroll and contractual issues
If an employee goes AWOL then there are pay and potentially contractual obligations to take into account. Generally, employees are not entitled to pay for days they fail to attend work without authorisation. When communicating with staff make clear that they will be unpaid when AWOL. As ever it is important to double check their employment contract in case any particular clauses give pay entitlement in such circumstances. When an AWOL situation leads to a resignation or dismissal, contractual notice periods still apply. Failure to follow contractual obligations can increase an employer’s legal risk.
An employee going AWOL or being a no show can be disruptive, but employment law protects both parties. Employers should follow a fair, structured process, document all communications, and consider the context of the absence. Clear policies, proactive communication, and consistent disciplinary procedures can prevent many AWOL situations and protect the business from legal risk.
Do you have any questions about today’s blog, need help in becoming legally compliant with contracts/policies or can we support you in taking away any people pains to give you peace of mind?
If you answered yes to any of the above, just give us a call at CUBE HR on 01282 678321, or book in a FREE 30 Minute HR Health Check here FREE HR Health Check and we’ll happily give your business a full HR overview with our personal recommendations absolutely FREE!
Why not also check out last weeks blog Top 6 Tips for Managing Absence.
We also have a YouTube channel with loads of handy videos outlining various HR related scenarios.
