Job Abandonment
An employee has stopped coming to work and is not responding. What are your legal obligations before you can treat the contract as terminated?
Employer-Side Advice Only
CIPD Qualified
ERA 2025 Updated
Bolton, Manchester, North WestAn employee has stopped coming to work and is not responding. What are your legal obligations before you can treat the contract as terminated? This is an employer-focused guide written specifically for North West businesses. Scroll down for the full breakdown, or book a free consultation if you need advice on this right now.
What Employers Need to Know
This guide covers the key legal and practical considerations around job abandonment for employers in the North West. The law in this area is well established, but the practical application often catches employers out.
Getting this right requires understanding both the legal framework and the procedural steps that employment tribunals expect to see. The sections below walk you through both.
The Legal Framework
The legal position on job abandonment is governed by the Employment Rights Act 1996, the Equality Act 2010 where applicable, and the Acas Code of Practice on Disciplinary and Grievance Procedures.
Employment tribunals assess each case on its own facts, but the principles are consistent: was there a fair reason, was the process fair, and would a reasonable employer have acted in the same way?
Practical Steps for Employers
The practical steps you need to take will depend on the specific circumstances, but the following framework applies in most cases:
Gather the facts before making any decisions
Document everything from the outset
Follow the Acas Code of Practice where it applies
Take advice early, before making any final decision
Dismissal Risk Is Rising: What ERA 2025 Means
Unfair dismissal protection after 6 months’ service. Currently two years. Every employee hired from July 2026 is protected within months of starting.
The compensation cap on unfair dismissal awards is removed entirely. Currently capped at £118,223 or 52 weeks’ gross pay. After January 2027 there is no upper limit.
The habits you build now, fair processes, documented decisions, consistent treatment, are the ones that protect you after 2027. DaisyHR advises North West employers on dismissal risk every day.
Read our full ERA 2025 guideFrequently Asked Questions
Currently two years of continuous service for ordinary unfair dismissal. This reduces to six months from January 2027 under ERA 2025. Certain dismissal reasons, such as pregnancy, whistleblowing, health and safety, or asserting a statutory right, carry no qualifying period at all and can be claimed from day one of employment. From January 2027, employers should treat every dismissal as carrying full unfair dismissal risk regardless of service length.
Unfair dismissal is a statutory claim based on whether the reason and process were fair, and it requires qualifying service. Wrongful dismissal is a contractual claim based on whether the employer breached the employment contract, most commonly by dismissing without proper notice. Constructive dismissal is where an employee resigns in response to a fundamental breach of contract by the employer and claims that their resignation was effectively a dismissal. An employee can bring more than one type of claim simultaneously.
In conduct and capability cases, yes. The Acas Code of Practice on Disciplinary and Grievance Procedures sets the expected standard and tribunals take it directly into account. Unreasonable failure to follow the Code can result in compensation being increased by up to 25%. In redundancy and SOSR cases the Code does not technically apply but following its principles of fairness is still strongly recommended.
Currently the compensatory award is capped at the lower of £118,223 or 52 weeks’ gross pay, plus a basic award calculated on service length, age and weekly pay. From January 2027 the compensatory cap is removed. There will be no upper limit on what a tribunal can award. Discrimination claims carry no cap at all. Getting dismissal right is always cheaper than defending it afterwards.
Yes, every time. The cost of advice before a dismissal is a fraction of the cost of defending a tribunal claim after one. DaisyHR provides same-day employment law advice for North West employers. Call us before you make any final decision.
Get Dismissal Advice From a North West HR Consultant
Dismissal is the area where North West SMEs face the most tribunal risk, and where getting advice early makes the biggest difference to the outcome. Book a free 30-minute consultation. We will assess the situation, tell you what the risk looks like and advise on the right course of action before you make any final decision.
Dismissal advice for employers across Bolton, Manchester, Wigan, Warrington, Salford, Stockport, Bury, Rochdale, Preston, Lancaster, Cheshire and the wider North West. · Last reviewed: March 2026