If someone does not turn up for work or is late, their employer does not have to pay them for the time they did not work. This is because the employee is not fulfilling their contract of employment.
However, an employer should:
- follow any policy they have on it
- be fair and reasonable – an employee might have a good reason for not being at work, for example sickness or a family emergency
Some employers might offer pay when an employee cannot get to work if they have a valid reason. For example, in the event of widespread travel disruption.
Alternatively, they might allow the employee to work back the time lost. Employers should make clear which absences are paid and which are unpaid in the employee's contract or in a policy.
To find out whether they will get paid for unauthorised absence, employees should:
- check their organisation's policy, if there is one
- check their employment contract
- talk to their employer
Deducting pay for being late
An employer does not have to pay an employee for time that they did not work.
If it's agreed in their contract, employers can deduct additional pay from employees when they're late for work.
The amount of pay the employer deducts should be reasonable for the amount of time the employee is late. Deducting more pay than is reasonable could cause more absence.
An employer must not take an employee's pay below the National Minimum Wage, even if the contract allows deductions.
Find out more about deductions from pay and wages
Contact the Acas helpline
If you have any questions about pay and unauthorised absence or lateness, you can contact the Acas helpline.