Do I have to follow the ACAS Code for unauthorised absence?

Yes. The ACAS Code of Practice on Disciplinary and Grievance Procedures applies to all disciplinary matters, including unauthorised absence. Employment tribunals must take the Code into account when judging whether a dismissal was fair. If you failed to follow it without good reason, any award can be increased by up to 25 per cent.

What if the employee refuses to attend the investigation meeting?

Give reasonable notice in writing, confirm the date, time, and location, and confirm their right to be accompanied. If they still do not attend, you can proceed in their absence, but you must document that you gave them the opportunity. Send the meeting notes and any outcome to their home address.

Can I dismiss without a hearing if the employee won't respond at all?

You can proceed to a hearing and then dismiss in the employee's absence, provided you have made genuine attempts to contact them, given proper written notice of the hearing, and given them reasonable opportunity to respond. Courts will look at whether your contact attempts were genuine, not just procedurally correct.

Does the employee have a right of appeal against dismissal for absence?

Yes. The right of appeal is a requirement under the ACAS Code. Failing to offer it does not automatically make the dismissal unfair, but it is a factor in the tribunal's assessment and can affect the size of any award.

Absence7 min read

Disciplinary Process for Unauthorised Absence - Step-by-Step UK Guide

The full UK disciplinary process for dealing with an employee who has not shown up. Covers investigation, hearing, decision, and appeal in plain English for small employers.

Leon Mclean

Co-founder, Birchlow · Last reviewed June 2026

Jump to what you need

Step 1: contact attempts and documentation →

Step 3: investigation meeting →

Step 5: disciplinary hearing →

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A note on UK law before you follow any US advice

If you have read about "at-will employment" or fixed-day abandonment rules online, those apply to the United States. In the UK, all employees have statutory protections that cannot be contracted out of, and employment tribunals apply the ACAS Code of Practice as the minimum standard. The steps below are the correct process under UK law for all employers, regardless of business size.

This is the full process you must follow before dismissing an employee for unauthorised absence. Each step lists the action required, the document you need, and what happens at tribunal if you skip it.

There are eight steps. None of them are optional.

Step 1: contact attempts and documentation

Action: Call the employee. If no answer, send a text and email. Try their emergency contact. Repeat on day two if there is still no contact.

Document needed: A written log of each attempt — date, time, method, and outcome. This does not need to be formal. A note in the file is sufficient, but it must exist.

Tribunal risk if skipped: High. If you dismiss and the employee claims they were unable to contact you due to a medical emergency, a log of your contact attempts is your evidence that you made reasonable efforts to hear their side before acting.

Step 2: formal written notice to the employee

Action: After 24 to 48 hours with no contact, write to the employee's home address. State the dates of absence, confirm your contact attempts, and set a deadline for them to respond. Keep the tone factual.

Document needed: A written letter or email, ideally sent by recorded delivery so you have proof of posting. The free investigation letter template covers this step.

Tribunal risk if skipped: Medium to high. Without a formal written record of your notice, you cannot demonstrate that the employee was given a reasonable opportunity to make contact before you escalated.

Step 3: invitation to investigation meeting

Action: Write to the employee inviting them to an investigation meeting. Confirm the date, time, and location. Give at least five working days' notice. Confirm their right to be accompanied by a trade union representative or a workplace colleague.

Document needed: A written invitation letter sent to the employee's home address.

Tribunal risk if skipped: Very high. An investigation meeting is not optional under the ACAS Code. Dismissing without one — even if the absence is obvious — is one of the most common reasons small employers lose at tribunal. The meeting does not need to be long. It needs to happen.

Step 4: the investigation meeting

Action: Hold the meeting. If the employee attends, listen to their explanation. Take notes. Do not make a decision in the meeting — it is for fact-finding only. If they do not attend despite being given proper notice, record that fact and proceed.

Document needed: A written record of the meeting, signed by whoever chaired it. Send a copy to the employee.

Tribunal risk if skipped: High. If the employee later claims you did not let them explain themselves, the investigation meeting notes are your evidence. If there are no notes, there is no evidence.

Step 5: invitation to disciplinary hearing

Action: If the investigation establishes that the absence was unauthorised and there is no satisfactory explanation, write to the employee inviting them to a formal disciplinary hearing. State the allegation, the date and time, that dismissal is a possible outcome, and their right to be accompanied. Give five working days' notice.

Document needed: A written invitation letter to a disciplinary hearing. This is a separate letter from the investigation meeting invite — do not combine them.

Tribunal risk if skipped: Very high. The disciplinary hearing is the formal decision-making step. Dismissing without one — or conflating it with the investigation meeting — is a procedural failure that is difficult to defend at tribunal.

Step 6: the disciplinary hearing

Action: Hold the hearing. Present the evidence. Give the employee an opportunity to respond. Consider any mitigating factors: length of service, previous absence record, personal circumstances, and the impact of the absence on the business. Do not make the decision in the room — adjourn and inform the employee of the outcome in writing.

Document needed: A written record of the hearing. Notes do not need to be verbatim but must record the key points and the employee's responses.

Tribunal risk if skipped: Very high. This is the step where the employee makes their case. If you skip it, or make the decision before it concludes, you have denied them the opportunity to respond to the allegation — a fundamental breach of natural justice.

Step 7: outcome letter

Action: Write to the employee with the decision. If dismissing, state the reason, the notice period, the last date of employment, and any outstanding pay entitlement. State your reasoning clearly. Do not simply say "dismissed for unauthorised absence" — explain what factors you considered and why you reached the conclusion you did.

Document needed: A written outcome letter, ideally sent by recorded delivery to the employee's home address.

Tribunal risk if skipped: High. The outcome letter is the legal record of the dismissal. Without it, the end date of employment may be disputed and your reasoning is undocumented.

Step 8: right of appeal

Action: In the outcome letter, confirm the employee's right to appeal the decision. State the deadline for doing so (typically five to ten working days) and who they should contact. Where possible, the appeal should be heard by someone not involved in the original process.

Document needed: A written acknowledgement of the appeal and a date for the appeal hearing.

Tribunal risk if skipped: Medium. Failing to offer a right of appeal does not automatically make a dismissal unfair, but it is a factor that can increase any tribunal award by up to 25 per cent under the ACAS Code.

What the templates cover

The Written Warning Template Pack includes letters for steps 3 and 5 — the investigation meeting invitation and the disciplinary hearing invitation — as well as the written warning and dismissal letter. If you are dealing with a current no call no show situation, the free investigation letter on the hub guide covers step 3.

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Need the full written warning pack?

The Birchlow Written Warning Template Pack includes four ready-to-use letters: invitation to hearing, first written warning, final written warning, and letter of dismissal. Free to download.

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January 2027 and why the process matters sooner

From January 2027 the qualifying period for unfair dismissal drops from two years to six months. Every step above applies from the start of the employment — not just once someone has built up two years of service. If you currently dismiss early-tenure employees without following the full process because you assume they have no tribunal rights, that changes in January 2027.