Since qualifying in 2018, Johanna has supported clients with disciplinary and grievance issues, defending employment tribunal claims, senior exits, redundancies, TUPE, and day-to-day HR queries. She also has a strong interest in the overlap between employment law and data protection, regularly advising on subject access requests, data breaches, employee monitoring, and matters involving cross-border workers.
Can employers treat an employee’s unauthorised absence as their resignation?
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
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