How Many Days Absence Before Dismissal in the UK?
There is no fixed number of days. UK law requires a fair process before dismissal for absence, even unauthorised absence. Here is exactly what that process looks like.
Leon Mclean
Co-founder, Birchlow · Last reviewed June 2026
A note on UK law before you follow any US advice
American employment law often works on a fixed-day rule — three days of no-show and the employment is treated as abandoned. UK law does not work this way. The length of absence is just one factor. What matters is the process you followed before you made any decision. An employer who dismissed after three days but skipped the investigation meeting is in more danger at tribunal than one who waited two weeks and followed every step correctly.
The direct answer
There is no fixed number of days. UK employment law does not specify a minimum period of absence before dismissal becomes lawful. What it specifies is a fair process.
This is the part that surprises most employers. You can dismiss for absence. But the length of the absence is less important than whether you followed the correct steps before you made that decision.
An employee absent for three days who you dismiss without an investigation meeting is more likely to win at tribunal than an employee absent for three weeks where you followed the full ACAS Code process.
What matters instead
Courts and tribunals will look at four things:
Did you attempt to make contact? Phone, email, text, emergency contact. Document every attempt. If you made no effort to reach the employee, your position is weak regardless of how long they were absent.
Did you investigate before acting? An investigation meeting is not optional. It is the step that lets the employee explain their absence before you make a formal decision. If you skipped it, an employment judge will notice.
Did you follow the ACAS Code? The ACAS Code of Practice on Disciplinary and Grievance Procedures sets out the minimum steps for a lawful disciplinary process. Tribunals can increase any award by up to 25 per cent if you ignored it.
Did you consider the full picture? Length of service, previous absence record, the employee's explanation (if any), and the impact of the absence on the business. These all go into the decision. A dismissal that ignores them looks arbitrary.
The ACAS Code stages — plain English
The ACAS Code does not prescribe a set number of days. It prescribes a sequence of steps. For unauthorised absence, that sequence looks like this:
Stage one: investigation. Before any formal action, investigate the facts. Attempt to contact the employee. If they are unreachable, send a written notice requiring them to make contact by a set deadline.
Stage two: investigation meeting. Invite the employee in writing to an investigation meeting. This is not a disciplinary hearing. It is a fact-finding step. Give the employee reasonable notice — five working days is a good standard. Confirm their right to be accompanied by a trade union rep or workplace colleague.
Stage three: decision to proceed. After the investigation meeting (or after the employee has failed to attend despite being properly notified), decide whether the matter warrants a formal disciplinary hearing. If the absence was minor and the explanation credible, a written warning and no hearing may be proportionate. If the absence was significant and the explanation inadequate, proceed to a hearing.
Stage four: disciplinary hearing. Write to the employee inviting them to a formal disciplinary hearing. State the allegation, the date and time of the meeting, that dismissal is a possible outcome, and their right to be accompanied. Give five working days' notice. If they do not attend, you can proceed in their absence.
Stage five: decision and outcome letter. Communicate the decision in writing. State your reasoning. If the outcome is dismissal, confirm the notice period and the last day of employment. Confirm the right of appeal.
Stage six: appeal. Offer the employee a right of appeal against the decision. The appeal should be heard by someone not involved in the original process if possible.
The full step-by-step guide covers each of these stages with the specific documents required and the tribunal risk at each point.
Short-term versus long-term unauthorised absence
A single day of unexplained absence and a month of no contact require different responses but the same sequence of steps.
For a short absence where the employee has now returned, the investigation meeting may be brief and the outcome may be a verbal or written warning. The ACAS Code still applies.
For a prolonged absence with no contact, the investigation meeting may take place in the employee's absence (after proper notice has been given). The outcome may be dismissal. The ACAS Code still applies.
The January 2027 change and why it matters now
Currently, employees need two years of service to bring an ordinary unfair dismissal claim. From January 2027, that drops to six months.
If you dismiss an employee who joined in July 2026 for unauthorised absence in February 2027, they will have full tribunal rights even though they have only been with you for seven months. The process you run needs to be correct from early in the employment — not just once someone has built up two years of service.
The hub guide on handling a no-show employee covers the full response process, including a free investigation letter you can send on day one.
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