When an employee suddenly stops attending work and fails to respond to calls, emails or messages, it can place considerable pressure on a business.
Deadlines may be missed, customer service may be affected, and colleagues may be required to take on additional responsibilities. In these circumstances, it can be tempting to assume that the employee has chosen to resign.
However, an employee’s absence from work and lack of communication do not automatically amount to a resignation.
Before concluding that employment has come to an end, employers should take reasonable steps to establish the facts, investigate the circumstances and provide the employee with an opportunity to explain their absence. Failing to do so could expose the business to unnecessary employment law risks and potential Employment Tribunal claims.
Resignation Requires More Than Silence
Employers should generally exercise caution before interpreting silence or non-attendance as a resignation.
In most cases, a resignation requires a clear and unambiguous indication that the employee intends to terminate the employment relationship. Simply failing to attend work does not necessarily demonstrate such an intention.
There may be several legitimate reasons why an employee has not attended work or made contact, including:
- Illness or incapacity
- A family or personal emergency
- Mental health difficulties
- Circumstances that prevent the employee from communicating
- Misunderstandings regarding leave arrangements
Whilst a prolonged unauthorised absence may justify formal action, it should not automatically be treated as evidence that the employee has resigned.
Responding to an Unexplained Absence
The employer’s first priority should be to establish contact and determine the reason for the employee’s absence.
Reasonable attempts to make contact may include:
- Calling the employee using their usual contact number;
- Sending emails to their registered email address;
- Writing to their home address; and
- Contacting an emergency contact where there is a genuine welfare concern and it is appropriate to do so.
The purpose of these steps is to establish the employee’s circumstances and provide them with an opportunity to explain their absence, rather than to apply pressure or make assumptions regarding their intentions.
Employers should also verify whether there may already be a legitimate explanation for the absence, such as:
- Approved annual leave;
- A sickness notification that has not been properly recorded or communicated;
- An administrative or communication error; or
- Another agreed workplace arrangement.
It is equally important to maintain clear records of all attempts to contact the employee. Detailed documentation may prove invaluable should the matter subsequently progress to a disciplinary process, dismissal procedure or Employment Tribunal claim.
When an Absence Becomes Unauthorised
If an employee has not obtained permission to be absent from work and has failed to follow the organisation’s absence reporting procedures, the absence may be treated as unauthorised. However, unauthorised absence should not automatically be interpreted as a resignation.
Before deciding what action to take, employers should review the employee’s contract of employment, absence management policy and disciplinary procedures. They should also make reasonable efforts to establish the reason for the absence and provide the employee with an opportunity to explain both their non-attendance and their failure to maintain contact. This is particularly important, as there may be underlying circumstances of which the employer is unaware, such as illness, personal difficulties or other exceptional situations.
Where the absence remains unexplained, employers may need to consider whether formal disciplinary action is appropriate. Any action taken should be consistent with the organisation’s policies and procedures and based on the specific circumstances of the case.
When Dismissal May Become Appropriate
In certain circumstances, dismissal may ultimately be appropriate. Where an employee remains absent from work without authorisation, fails to provide a satisfactory explanation and continues to ignore reasonable attempts to establish contact, an employer may need to consider commencing a formal disciplinary process.
However, dismissal should not be viewed as an automatic consequence of prolonged absence. Before making any decision, employers should ensure they have considered the circumstances carefully and followed a fair and reasonable process.
Where an employee has the qualifying service required to bring an unfair dismissal claim, the employer should be able to demonstrate both a potentially fair reason for dismissal and that an appropriate procedure was followed.
The Risks of Assuming Resignation
This is where matters can become more complicated. An employer may believe that an employee has abandoned their role after repeated attempts to make contact have gone unanswered. However, the employee may later argue that they never intended to resign and were unable to communicate due to illness, personal circumstances or another unforeseen situation.
In such cases, the employer may need to justify why it concluded that the employment had come to an end. This highlights the importance of following a fair process, making reasonable attempts to establish contact and keeping clear records before reaching any decision.
Understanding Job Abandonment
Not necessarily.
The term job abandonment is commonly used to describe a situation where an employee stops attending work without explanation. However, it has no specific statutory definition under UK employment law.
Employers should distinguish between:
- An employee expressly resigning;
- An employee failing to attend work;
- Unauthorised absence; and
- Dismissal following a fair procedure.
Although these situations may overlap, they should not be treated as interchangeable.
The appropriate response will depend on the individual circumstances, the employment contract and the organisation’s policies and procedures.
How Long Should an Employer Wait?
There is no set period under UK employment law after which an employee can automatically be treated as having resigned. An absence of seven days, fourteen days or even longer does not, by itself, amount to a resignation.
Instead, employers should consider the specific circumstances, including the length of the absence, any attempts made to contact the employee, whether those attempts have been ignored, and whether there is any reason to believe the employee may be dealing with illness, incapacity or an emergency. Employers should also review the employment contract, absence policy and any relevant workplace procedures.
Rather than relying on an arbitrary timeframe, employers should ensure they have made reasonable efforts to establish contact, investigated the circumstances and given the employee a fair opportunity to respond before deciding what action, if any, is appropriate.
Potential Employment Tribunal Risks
If an employer treats an employee as having resigned when no resignation has actually been given, a dispute may arise regarding how and why the employment ended. Depending on the circumstances, an employee may seek to bring claims such as unfair dismissal, wrongful dismissal or discrimination.
For this reason, employers should ensure that any decisions are supported by a fair process and appropriate documentation. Maintaining records of absence, attempts to establish contact, correspondence and the decision-making process can be invaluable should the matter later be challenged.
A Practical Approach for Employers
When an employee unexpectedly stops attending work and communication ceases, employers should avoid making assumptions and instead follow a fair and structured process. This helps establish the facts, ensures procedural fairness and reduces the risk of disputes or legal claims.
1. Establish the Facts
Confirm that the absence is not the result of approved annual leave, sickness absence, flexible working arrangements or an administrative error.
2. Make Reasonable Attempts to Contact the Employee
Use the employee’s usual contact details, including telephone, email and written correspondence, to establish the reason for their absence.
3. Consider Welfare Concerns
Where appropriate, consider whether there may be a welfare issue or emergency circumstance preventing the employee from making contact.
4. Review Relevant Policies and Procedures
Check the employment contract, absence management policy and disciplinary procedure before deciding what action may be appropriate.
5. Provide an Opportunity to Respond
Ensure the employee is given a reasonable opportunity to explain their absence and any failure to communicate before formal action is considered.
6. Maintain Clear Records
Keep detailed records of the absence, all attempts to establish contact, any correspondence exchanged and the decisions made throughout the process.
7. Make a Decision Based on the Circumstances
Avoid automatically treating the situation as a resignation. Any decision should be based on the facts available, the steps taken by the employer and the specific circumstances of the case.
How The Infinity Group Can Help
The Infinity Group helps businesses stay informed through practical employment law updates, HR guidance and insights into evolving employer responsibilities and workplace best practice.
We also provide Umbrella Employment Services, enabling businesses to outsource key employer obligations, including payroll administration, statutory payments and employment-related administration through a compliant employment structure. This allows organisations to reduce administrative burdens while remaining focused on their core business operations.