What is AWOL in Advance and How Can Employers Deal With It?

A common query that we receive on our advice line is what do in a situation where an employee’s annual leave is declined but they take it anyway – or when the employee indicates that they’re not going to work a rostered shift. Here’s our guide to managing this situation... This type of absence is becoming increasingly prevalent and can have a major impact on a company’s performance – but where does this leave the employer? If an employer believes the employee is likely to take unauthorised leave then they can take appropriate action. The employee’s line manager should have an informal meeting with them, once again explaining the operational reasons why this request could not be granted and if possible, to agree on an alternative date for this leave to be taken. The employer can write a follow-up letter to the employee in question, reiterating company policy to them and reminding them that their annual leave request has not been authorised on the requested dates. A key advantage of sending this letter is that it serves as a reasonable management instruction to the employee that they’re required to work during the period they requested to take leave. If the employee fails to adhere to this instruction, their absence will be considered unauthorised. Can an employer dismiss an employee? If an employer wishes to consider dismissing an employee who is demonstrating signs that they will take unauthorised leave, then it’s crucial that the employee is made aware of the possible outcome. Therefore the employee must be notified in advance that dismissal may be the consequence they face should they take the unauthorised leave – this notice helps to mitigate the risk that dismissal may be deemed unfair. A case to consider In White v Balfour Beatty CLG Limited (UD888/2013), an employee who was a gas fitter was informed 10 months before Christmas about the planned roster. That roster required him to be on call for the Christmas period, but the employee refused to work during the period required. The tribunal found that it was fair to dismiss the employee due to the fact that he was made aware in advance that his refusal to work his full rostered shift could lead to his dismissal. Conclusion In conclusion, if preventative steps are taken, then it’s likely that employers will be able to prevent such an issue from occurring at all. However, should you find yourself facing such a scenario, remember that precedent will prevail and taking action the first time can often mean a much lower likelihood of other employees repeating such misconduct, as they’ll have witnessed the potential outcome if they do. If you have any questions regarding the issues in this article, please don’t hesitate to contact our 24 Hour Advice Service on 01 855 50 50