Managing Desertion

When an employee is absent from work for a period of time without informing their employer, it is called desertion. This LegalFlow will guide you as an employer through the legal steps you need to take to deal with desertion ensuring you follow fair procedures.

It is very important to distinguish between absenteeism without authorisation or permission and desertion. Absenteeism is when an employee does not show up for work at the required time and has failed to notify the employer of his reason for absence and his expected date of return. This absence tends to be short in duration. Desertion or absconding entails the employee's intention to no longer return to work.

Applying incapacity procedures

Where an employee’s poor work performance is not their fault, for example, if they are constantly absent due to illness, then incapacity procedures should be used to deal with the employee. The process to follow is different to a disciplinary enquiry for misconduct. This LegalFlow will guide you through formal incapacity procedures ensuring you are following fair procedures.