Dismissal Letter For Unauthorised Absence From Work for the United Kingdom

Dismissal Letter For Unauthorised Absence From Work Template for England and Wales

A formal written notification issued under English and Welsh law to terminate employment due to unauthorized absence from work. The document complies with UK employment legislation, including the Employment Rights Act 1996 and ACAS guidelines, detailing the reasons for dismissal, effective date, notice period, and appeal rights. It serves as a legal record of the termination and protects both employer and employee rights.

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Dismissal Letter For Unauthorised Absence From Work

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What is a Dismissal Letter For Unauthorised Absence From Work?

A Dismissal Letter For Unauthorised Absence From Work is a crucial document used when an employee has failed to attend work without proper authorization or explanation. Under English and Welsh law, employers must follow strict procedures before issuing such dismissal, including proper investigation and warnings. The letter serves as the final step in the disciplinary process, documenting the termination decision, reasons, and employee rights. It must comply with UK employment legislation and ACAS guidelines to protect against unfair dismissal claims.

What sections should be included in a Dismissal Letter For Unauthorised Absence From Work?

1. Date and Address Block: Formal letter heading with date and recipient details including full name and address

2. Reference to Previous Communications: Summary of prior warnings, meetings, communications regarding unauthorized absence

3. Statement of Dismissal: Clear and unambiguous statement of termination decision and effective date

4. Reason for Dismissal: Detailed explanation of unauthorized absence, its duration, and impact on business

5. Notice Period Details: Information about notice period or payment in lieu of notice

6. Appeal Rights: Information about right to appeal, timeframe, and process for appeal

What sections are optional to include in a Dismissal Letter For Unauthorised Absence From Work?

1. Final Pay Calculation: Details of final salary, unused holiday pay, and other monetary entitlements

2. Company Property Return: Instructions and deadline for returning company assets, equipment, and documents

3. Reference Policy: Information about future employment references and company policy

What schedules should be included in a Dismissal Letter For Unauthorised Absence From Work?

1. Appeal Form: Standard form for submitting an appeal against dismissal

2. Attendance Record: Documentation showing dates and duration of unauthorized absences

3. Previous Warning Letters: Copies of prior formal warnings or communications regarding attendance

4. Final Pay Statement: Detailed breakdown of final payment including salary, holiday pay, and deductions

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

England and Wales

Publisher

Genie AI

Cost

Free to use
Industries

Employment Rights Act 1996: Primary legislation governing employment rights, including fair dismissal procedures, written reasons for dismissal requirements, notice period provisions, and protection against unfair dismissal.

ACAS Code of Practice: Statutory guidance on handling disciplinary matters, including requirements for proper investigation, employee representation rights, appeal processes, and following fair disciplinary procedures.

Equality Act 2010: Legislation protecting against discrimination based on protected characteristics, requiring consideration of disability-related absences and reasonable adjustments where applicable.

Human Rights Act 1998: Legislation ensuring fundamental rights including right to fair treatment and right to private life in employment context.

GDPR and Data Protection Act 2018: Data protection legislation governing the handling of personal data, including requirements for record keeping and data processing in employment matters.

Company Policies: Internal workplace rules and procedures that must be followed during disciplinary processes and dismissals.

Employment Contract: Individual terms and conditions of employment that may contain specific provisions regarding unauthorized absence and dismissal procedures.

Collective Agreements: Any agreements between employer and trade unions or worker representatives that may affect dismissal procedures.

Relevant Case Law: Previous court decisions regarding unauthorized absence that establish precedents and guidelines for fair dismissal procedures.

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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