My uncle recently committed suicide. When I called his employer to inform them, thinking he had just not turned up to work only that day, they said he had been AWOL for 3 weeks and they had dismissed him in his absence. When I asked why they had not called his next of kin/emergency contact (which was my Dad) they said:
“There was no emergency to the knowledge of the managers. When an employee does not arrive at work we do not get in touch with the individual listed as an emergency contact as those details are for emergencies only, such as serious accidents at work where the employee is hospitalised. We need to respect our employee’s privacy; when gathering employee’s next of kin/emergency contact details we make it clear that we will only use these in the event of an emergency.”
Sadly my Uncle had been lying to us about how he was feeling and we had no idea he had walked out of his job. Are they right not to have made contact with his next of kin?
Peter replies:
We commiserate with your loss and are shocked at the employer’s actions. We agree that the first action of an employer who has not heard from a missing employee should not be to contact next of kin, unless there is ‘history’, but it should not be ruled out. It is important not only to understand why the employee has not attended work; it is part of our duty of care. Hiding behind data protection or confidentiality is missing the point.
It is a sad when employees feel unable to declare mental health problems to employers for fear how this may be perceived/treated, and that the assumption made of people when they go AWOL is that they are just being awkward. The employer should at the very least be examining their wellbeing policies (and their consciences). It is all very well to say that they respect employee privacy but their actions were taking this principle to extremes.
The problem of employees going off on sick leave, and then failing to return, in spite of repeated attempts by their employer to contact them, is one with which many employers are familiar. It is not unusual for us to get calls from employers concerned about someone not turning up. Often it is a false alarm, but sometimes people are found to be very ill or worse. It is important to make every attempt to contact the employee, ask work colleagues if they know what is going on, then the notified contacts and ultimately we might suggest someone gets in their car and knock on the door.
Unauthorised absence can be deemed fair grounds for dismissal, but to avoid employment tribunal claims and the negative public relations of getting it all wrong, it is best to be thorough and open minded. Before dismissing a member of staff, employers need to demonstrate first that they have taken all reasonable measures to contact them to ask whether they wish to resign, and communicate the intention to dismiss them if no response is received by a certain date. It is very important to keep records of all attempts, as failing to show that you have made insufficient effort to contact your employee can leave you open to claims for unfair dismissal and disability discrimination later on.
If you find out that the employee has not received your letters and you do not have a forwarding address, try to contact the employee, by different means. Communicate by sending the message by text or email (potentially finding the contact details via a social networking site). Although it may not be best HR practice to use electronic means to communicate, it is effective and needs must. If you have been unable to make contact, and nobody at work has any knowledge of their whereabouts, you should use the employee’s emergency contact details to try to get hold of a family member or friend. If you are genuinely concerned about your employee’s wellbeing, you might want to file a missing person’s report.
The guidance provided in this article is just that – guidance. Before taking any action make sure that you know what you are doing, or call us for specific advice.
