Can employers treat an employee’s unauthorised absence as their resignation?Posted in : First Tuesday Q&A NI on 7 January 2020
In normal circumstances, notice is usually required to terminate a contract of employment. Notice should be given in a clear manner and once validly given it is effective and does not need to be accepted by the other party.
If an employee has taken unauthorised absence i.e. gone AWOL, it would be unlikely that this would enable their employer to deem that the employee has resigned. However, unauthorised absence may amount to a repudiatory breach of contract by an employee enabling their employer to bring the contract to an end. Case law has established that a repudiatory breach does not actually terminate an employment contract and a contract will not be terminated until the innocent
Already a subscriber?
Click here to login and access the full article.Log in now to read the full article
Don't miss out, start your free trial today!
Are you fully aware of the benefits of Legal-Island's Employment Law Update Service? We help hundreds of people like you understand how the latest changes in employment law impact on your business.
Help understand the ramifications of each important case from NI, GB and Europe
24/7 access to all the content in the Legal Island Vault for research case law and HR issues
Ensure your organisation’s policies and procedures are fully compliant with NI law
Receive free preliminary advice on workplace issues from the employment team at Worthingtons Solicitors
More on Disciplinary & Grievance
- If an employee is found to have committed misconduct (not gross misconduct), can an impose a sanction other than a warning or demotion?
- Sickness Absence – Policy and Procedure Tips to Manage Short Term Persistent Absences
- Can we still dismiss an employee for an act of gross misconduct which took place several months ago?
- In terms of “taking account of all the circumstances” before a dismissal for gross misconduct, what issues should we be considering?
- Do we still need to consider alternatives to dismissal in disciplinary proceedings involving allegations of gross misconduct?
The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.