Employee absence rates remain a persistent challenge for UK businesses. Statistics from the CIPD and Simplyhealth reveal that employees took an average of 7.8 days off (per year) in 2023, and this trend has shown little sign of improvement as we move into 2025. For employers, managing these absences effectively is crucial for maintaining productivity, reducing disruption, and complying with legal obligations. It is a common advice query we discuss with clients at Wirehouse Employer Services.
In this article, we will explore the legal framework surrounding absences and cases of Absent Without Leave (AWOL), as well as best practices for ensuring compliance with employment laws, including an understanding of how the Equality Act 2010 applies.
Notification of Sickness Absences, and Entitlement to Pay
Employers have a duty to manage absences fairly, consistently, and in line with UK employment laws. Under the Employment Rights Act 1996, employees are entitled to statutory sick pay (SSP) if they follow the correct reporting procedures (if the meet the eligibility criteria), they may also be entitled to company sick pay if their terms and conditions provide for it. However, frequent or unauthorised absences may require further investigation and action, provided employers follow a fair and documented process.
Employees are required to:
- Self-certify their illness for absences of up to 7 calendar days.
- Provide a Fit Note (commonly known as a sick note) from a healthcare professional for absences longer than 7 consecutive days (including non-working days).
Employers have the right to request these notes to validate sickness claims, and failure by the employee to provide adequate documentation may result in the absence being considered unauthorised and may affect their absence related pay, whether company sick pay or SSP.
Building a Robust Short Term Absence Management Policy and Process
A strong absence management policy ensures fairness, clarity, and consistency. Employers should consider including the following steps:
- Clearly defined procedures
Your absence policy should outline:
- Procedures for reporting sickness.
- Timeframes for providing sick notes and medical certificates.
- The consequences of failing to comply with absence notification procedures, including potential disciplinary action for unauthorised absences (AWOL).
If you feel you absence policy is outdated, needs a refresh or is not fit for purpose anymore, please contact us and our documentation team can assist.
2. Return-to-Work (RTW) Interviews
These interviews are essential in:
- Clarifying the reasons for absences.
- Offering support if needed, including potential adjustments for underlying health issues.
- Reaffirming company attendance expectations.
Documenting these RTWs are key as future mitigation/defence from any claims.
3. Absence Review Meeting
When an employee’s absences become frequent or exceed company thresholds:
- Contact the advice line, via phone line or email, to log & seek advice on the case – particularly if there is a complexity to the absence.
- Hold a formal review meeting.
- Assess whether there are any underlying health conditions or personal circumstances.
- Offer support in line with the Equality Act 2010, including reasonable adjustments if the absence relates to a disability.
- Discuss potential consequences if no valid reason is provided for repeated absences, which could include improvement notice or a level of warning.
How the Equality Act 2010 Affects Absence Management
The Equality Act 2010 plays a critical role in managing absences fairly. Under Section 6 of the Act, a person is considered disabled if they have a physical or mental impairment that has a substantial and long-term adverse effect on their ability to carry out day-to-day activities.
Employer responsibilities under the Equality Act 2010:
- Duty to Make Reasonable Adjustments (Section 20):
Employers must make reasonable adjustments to help disabled employees return to work or manage their condition. This could include flexible working hours, modified duties, or additional support structures. - Protection from Discrimination (Section 15):
Employees must not be treated unfavourably due to something arising from their disability, such as taking time off for medical appointments or illness related to their condition.
Example:
If an employee with a long-term medical condition, such as diabetes, requires more frequent absences for medical appointments, the employer must consider adjustments rather than penalising the employee for legitimate time off. It is always fair to make sure that operational needs are met, this is where welfare meetings, reasonability and clarity with the employee comes into play – working with employees with such conditions make it smoother on both sides and ensures the business will comply with its legal obligations whilst also making it safer to take action, should issues arise related to absence/conduct.
Failing to comply with the provisions of the Equality Act 2010 could result in claims of discrimination or unfair dismissal, leading to potential legal repercussions for employers.
Handling Ynauthorised Absences (AWOL employees)
In 2025, there seems to be an increase in cases of employees deemed as Absent Without Leave (AWOL). As most employers will agree, this can be particularly disruptive and require immediate attention:
Attempt Contact Immediately
If an employee fails to show up without notifying the company:
- Try contacting them using all available methods (phone, email).
- Leave a message requesting an urgent response (useful to leave deadline for reply)
- Should particular concern be raised, do not hesitate to attempt to contact the employees next of kin that is on file.
Follow-up in Writing
If contact is not established within a reasonable timeframe:
- Contact the advice line for support, via phone or email.
- Send a formal letter requesting an explanation and outlining the potential consequences.
- Set a deadline for a response to avoid further escalation.
(Optional – Depends on Case) Consider Investigating Upon Return
When an AWOL employee returns:
- Conduct a formal investigation to determine the reason for the absence.
- Consider any mitigating factors such as mental health issues.
- Take appropriate action, which could range from a letter of concern to a formal disciplinary (following a fair process).
Absences and AWOL situations can significantly impact productivity, disrupt operations, and affect team morale. However, with a well-structured absence management policy and process, clear communication channels, and a commitment to fairness, employers can effectively minimise these disruptions.
By adhering to relevant employment laws—such as the Employment Rights Act 1996 and the Equality Act 2010—and implementing best practices like return-to-work interviews, absence review meetings, and reasonable adjustments for disabilities, businesses not only protect themselves legally but also foster a supportive and inclusive working environment.
The key to success lies in consistency, documentation, and early intervention.
At Wirehouse Employer Services, we understand the complexities employers face when managing absences and AWOL cases. Our expert team is here to provide tailored advice, assist with case reviews, and ensure your business remains compliant while supporting the well-being of your workforce.
HR and Employment Law can be extremely tricky to navigate through and when a business does not have an in house solicitor it can prove very difficult to abide by and keep up to date with the latest employment law legislation and caselaw. Employment law issues can soon snowball if they are not dealt with effectively and a lack of knowledge of employment law and the various pitfalls it can throw up could leave your business or organisation exposed.
If you need more information about the upcoming changes or how we can help and protect your organisation please visit our website: https://wirehouse-es.com/ , call us on 03333 215 005 or directly email us via: info@wirehouse-es.com.
