What can an employer do about an employee who has not turned up for work on numerous occasions? Esther Smith, partner at Thomas Eggar, and Martin Brewer, partner at Mills & Reeve, advise.
The question:
An employee has not turned up for work at least 10 times, perhaps more. Is there a disciplinary procedure that should be followed, or can the employee be dismissed for this reason?
Legal advice:
Esther Smith, partner, Thomas Eggar
The answer really depends on how long the employee has been with you and whether these 10 'no shows' are in one block or scattered. If the employee has less than one year's service you could just dismiss on notice in accordance with his contract as a result of the failures to turn up.