
S1E16 - Employees who go AWOL
10/21/19 • 11 min
An unauthorised absence can be deemed fair grounds for dismissal, but there could be a lot of reasons why an employee might simply not turn up for work one day - from a simple hangover, to a life threating family emergency. As an employer, it is important that you know how to avoid tribunal claims when dismissing.
In this episode, you’ll learn:
- why it’s dangerous to assume the employee has resigned
- whether you can argue frustration of contract, or that the employee has self-dismissed
- how to handle the inevitably artificial dismissal process
Are you involved in a complex, high value or high profile employment dispute? Contact [email protected] to find out whether employment barrister Daniel Barnett can help you.
🎁 FREE STUFF
Employment law updates – www.danielbarnett.com
My YouTube channel - www.youtubelegal.co.uk
Ask a question - www.danielbarnett.com/podcastquestion
💎 PRODUCTS, MEMBERSHIPS AND COURSES
Join the HR Inner Circle – www.hrinnercircle.co.uk
Harassment Pack - https://danielbarnett.com/harassment/
HR Platinum Policy Package 2024 – www.polices2024.com
The Virtual Employment Law Academy – www.virtualemploymentlawacademy.com
Ultimate Employment Law 2024 - https://danielbarnett.com/ultimate2024/
Employment Tribunal Compensation course - https://courses.virtualemploymentlawacademy.com/p/employment-tribunal
Own-branded email updates for solicitors - www.employmentlawbulletins.com
📚 BOOKS
My books include the Employment Law Handbook, Resolving Grievances and Computer and Social Media Misuse (see all books).
🌞 WHO AM I:
I'm Daniel Barnett, an employment law and HR barrister. I advise and represent clients in employment tribunal litigation. I have my main website and work out of a set of Chambers. I run a membership club for smart, ambitious HR Professionals and present the legal hour on LBC Radio.
☎️ CONTACT ME:
Contact my assistant via email.
♨️ IMPORTANT INFORMATION:
This podcast is published by (c) Employment Law Services Limited. The information in this video is for general guidance only and, although the presenters and publisher believe it was correct at the time it was recorded, the law may have changed since then. You should always seek your own independent legal advice. Any employment law explained applies to England, Scotland and Wales only.
Superb newsletter for HR Professionals - www.hrinnercircle.co.uk/newsletter
An unauthorised absence can be deemed fair grounds for dismissal, but there could be a lot of reasons why an employee might simply not turn up for work one day - from a simple hangover, to a life threating family emergency. As an employer, it is important that you know how to avoid tribunal claims when dismissing.
In this episode, you’ll learn:
- why it’s dangerous to assume the employee has resigned
- whether you can argue frustration of contract, or that the employee has self-dismissed
- how to handle the inevitably artificial dismissal process
Are you involved in a complex, high value or high profile employment dispute? Contact [email protected] to find out whether employment barrister Daniel Barnett can help you.
🎁 FREE STUFF
Employment law updates – www.danielbarnett.com
My YouTube channel - www.youtubelegal.co.uk
Ask a question - www.danielbarnett.com/podcastquestion
💎 PRODUCTS, MEMBERSHIPS AND COURSES
Join the HR Inner Circle – www.hrinnercircle.co.uk
Harassment Pack - https://danielbarnett.com/harassment/
HR Platinum Policy Package 2024 – www.polices2024.com
The Virtual Employment Law Academy – www.virtualemploymentlawacademy.com
Ultimate Employment Law 2024 - https://danielbarnett.com/ultimate2024/
Employment Tribunal Compensation course - https://courses.virtualemploymentlawacademy.com/p/employment-tribunal
Own-branded email updates for solicitors - www.employmentlawbulletins.com
📚 BOOKS
My books include the Employment Law Handbook, Resolving Grievances and Computer and Social Media Misuse (see all books).
🌞 WHO AM I:
I'm Daniel Barnett, an employment law and HR barrister. I advise and represent clients in employment tribunal litigation. I have my main website and work out of a set of Chambers. I run a membership club for smart, ambitious HR Professionals and present the legal hour on LBC Radio.
☎️ CONTACT ME:
Contact my assistant via email.
♨️ IMPORTANT INFORMATION:
This podcast is published by (c) Employment Law Services Limited. The information in this video is for general guidance only and, although the presenters and publisher believe it was correct at the time it was recorded, the law may have changed since then. You should always seek your own independent legal advice. Any employment law explained applies to England, Scotland and Wales only.
Superb newsletter for HR Professionals - www.hrinnercircle.co.uk/newsletter
Previous Episode

S1E15 - Without Prejudice and Professional Privilege
Discover the two types of Privilege that applies in the employment setting.
- how to qualify for ‘without prejudice’ protection
- will an advice provided by a non-legally-qualified HR professional qualify for a privilege?
- can you refuse a Subject Access Request?
Are you a smart, ambitious HR Professional? If so, learn more about Daniel Barnett’s exclusive membership club to help boost your career and develop your business. Join the HR Inner Circle – www.hrinnercircle.co.uk
Thank you for listening and please leave a review if you found this helpful.
🎁 FREE STUFF
Employment law updates – www.danielbarnett.com
My YouTube channel - www.youtubelegal.co.uk
Ask a question - www.danielbarnett.com/podcastquestion
💎 PRODUCTS, MEMBERSHIPS AND COURSES
Harassment Pack - https://danielbarnett.com/harassment/
HR Platinum Policy Package 2024 – www.polices2024.com
The Virtual Employment Law Academy – www.virtualemploymentlawacademy.com
Ultimate Employment Law 2024 - https://danielbarnett.com/ultimate2024/
Employment Tribunal Compensation course - https://courses.virtualemploymentlawacademy.com/p/employment-tribunal
Own-branded email updates for solicitors - www.employmentlawbulletins.com
📚 BOOKS
My books include the Employment Law Handbook, Resolving Grievances and Computer and Social Media Misuse (see all books).
🌞 WHO AM I:
I'm Daniel Barnett, an employment law and HR barrister. I advise and represent clients in employment tribunal litigation. I have my main website and work out of a set of Chambers. I run a membership club for smart, ambitious HR Professionals and present the legal hour on LBC Radio.
☎️ CONTACT ME:
Contact my assistant via email.
♨️ IMPORTANT INFORMATION:
This podcast is published by (c) Employment Law Services Limited. The information in this video is for general guidance only and, although the presenters and publisher believe it was correct at the time it was recorded, the law may have changed since then. You should always seek your own independent legal advice. Any employment law explained applies to England, Scotland and Wales only.
Superb newsletter for HR Professionals - www.hrinnercircle.co.uk/newsletter
Next Episode

S1E17 - Disrupting Disciplinaries
It is common for an employee to go off sick during a disciplinary process. In this episode, Daniel Barnett shares his suggestions on how to make sure the disciplinary investigation continues so far as possible in the event of an employee’s absence.
We cover what to do when in these situations:
- if an employee goes off sick after you launch a disciplinary process
- if an employee puts in a grievance after you’ve started disciplinary proceedings
Get high-level access to barrister Daniel Barnett, for answers to your most complex HR and employment law problems. Join the HR Inner Circle – www.hrinnercircle.co.uk
Thank you for listening and please leave a review if you found this helpful.
🎁 FREE STUFF
Employment law updates – www.danielbarnett.com
My YouTube channel - www.youtubelegal.co.uk
Ask a question - www.danielbarnett.com/podcastquestion
💎 PRODUCTS, MEMBERSHIPS AND COURSES
Harassment Pack - https://danielbarnett.com/harassment/
HR Platinum Policy Package 2024 – www.polices2024.com
The Virtual Employment Law Academy – www.virtualemploymentlawacademy.com
Ultimate Employment Law 2024 - https://danielbarnett.com/ultimate2024/
Employment Tribunal Compensation course - https://courses.virtualemploymentlawacademy.com/p/employment-tribunal
Own-branded email updates for solicitors - www.employmentlawbulletins.com
📚 BOOKS
My books include the Employment Law Handbook, Resolving Grievances and Computer and Social Media Misuse (see all books).
🌞 WHO AM I:
I'm Daniel Barnett, an employment law and HR barrister. I advise and represent clients in employment tribunal litigation. I have my main website and work out of a set of Chambers. I run a membership club for smart, ambitious HR Professionals and present the legal hour on LBC Radio.
☎️ CONTACT ME:
Contact my assistant via email.
♨️ IMPORTANT INFORMATION:
This podcast is published by (c) Employment Law Services Limited. The information in this video is for general guidance only and, although the presenters and publisher believe it was correct at the time it was recorded, the law may have changed since then. You should always seek your own independent legal advice. Any employment law explained applies to England, Scotland and Wales only.
Superb newsletter for HR Professionals - www.hrinnercircle.co.uk/newsletter
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