Hi

With previous employers HR have dealt with AWOL absence without going through the disciplinary route i.e. 1) the manager would make several recorded attempts to contact the employee by phone 2) HR would make several follow-up attempts to contact by letter, stating our duty of care, their contractual obligation to notify us of their absence and provide doctors notes, and summarising all attempts we have made to contact. In the final 2 letters we sent we stated that if they do not get in contact by X date then we would assume by their own actions they had resigned. This would be followed up by one very last letter saying we had no choice but to accept they had resigned, and summarising their outstanding monies etc... saying that they have until X date to contact us if they have any concerns about this.

Now I know the usual/best practice way is to invite to disciplinary, rearrange and then hold in their absence, then dismiss (gross misconduct)... but is the above a suitable alternative? How does this hold up against scrutiny (is it in any way legally acceptable?).