# Staff issue



## bms1 (22 Mar 2014)

Had a staff member who walked out of her job


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## arbitron (23 Mar 2014)

Can you give any more details, such as the circumstances or reason for resignation?  If it was after a disagreement she could be under the belief that she hasn't actually resigned. "Heat of the moment" resignations can be tricky to deal with.


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## bms1 (23 Mar 2014)

It was an argument but she definitely quit, she returned her keys next day.


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## arbitron (23 Mar 2014)

I don't know what she is thinking. I dealt with a few "heat of the moment" cases and we were advised by HR to document everything carefully, in writing where possible, including asking the employee to confirm that they have considered their resignation and that it stands. If she is not responding to you then all you can do is record that on her file.


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## G7979 (24 Mar 2014)

Possibly realised that unemployment benefit was not available to her and has been to the Doctors and got certified for sickness benefit. I am not sure of the legalities for yourselves in issuing a P45 and finalising her employment with your company however. 

I would suggest a letter sent registered post, advising her that the company believes she resigned her position and the return of her keys etc confirms this for you. Ask why she is sending you illness certs when she no longer works there and advise her P45 will follow. Ask her to contact the company by X date if she does not believe this to be the case.


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## bms1 (24 Mar 2014)

Thought that also but she is a single parent so I assume her benefit would remain intact. She just contacted me by text as I type looking for her P45.


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## Joe_90 (24 Mar 2014)

As advised previously write down every aspect of your dealings in this case and keep them in the employees file for future reference.


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## bms1 (24 Mar 2014)

Now saying she quit.


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## mark1 (24 Mar 2014)

Dont issue a p45 unless she sends you a written resignation and request for it. Had a similar situation in our company recently and would strongly advise you to get everything in writing including ifpossible a reason for the action she took before you issue anything.I would not advise you to say you believe she has resigned, let her tell you that in a letter.


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## bms1 (25 Mar 2014)

Thanks for all the info this far.


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## mark1 (25 Mar 2014)

You are not under any obligation to give her anything at this point, it is up to her to get a doctors letter and claim disability allowance while she is out. Very calmly explain this to her and also explain that you cannot issue a p45 to any employee unless you have a written resignation.i would put personal feelings aside and put what has happened down to experience but you need to get youself out of this mess as cleanly as possible. The last thing you need iis to be sitting at an employment appeals tribunal. Energy timee and expense you dont need to be wasting.i dont know what kind of an employee this petson was or how long they worked for you but its something considering as to what was the reason for hrr depsrture.


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## jonnykerry (25 Mar 2014)

BMS1,
As Mark above said you are under no obligation at this point, but as the old saying goes "best dressed first in" I'd be pulling up your "records" of all the verbal & maybe written warnings you gave her during her employment and get a statement from any one who saw her storm off. 
And any letters make sure there registered, as sure if there not registered who's too say you sent it or indeed letters you were sent were received..


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## LS400 (26 Mar 2014)

bms1;1379641. Cant believe people are so twisted only thing that gives me satisfaction is that this is a small town and i will make sure she has one hell of a time getting a new job. Whatever happens i will take this as far as it has to go as i have done nothing wrong said:
			
		

> Not very mature really, there are 2 sides to every story. You never said if you were happy with her work performance. There has to be a good reason to walk out on a job apart from one argument. With-out all the facts, constructive dismissal cant be ruled out. Running her out of town like the local sheriff is not the way an employer should behave, and might give some indication as to the way you adress your employees.


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## emeralds (26 Mar 2014)

cashier said:


> Is it me but I just do not like the tone of this sentence at all, very unprofessional and smacks of small town parochial Ireland, God we haven't moved on much have we, scratch the surface and all is as it was in the old days.



I totally agree. And so far we only have one side of the story.


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## Purple (26 Mar 2014)

bms1 said:


> Thanks for all the info this far.Now she wants a letter from me saying she is of sick even though she quit 5 weeks ago unbelievable have been on to NERA and am still none the wiser, they just say well its up to you how you handle it and the she can pretty much do what she wants, quite the helpline. Solicitor says ignore all her texts which i am doing  she is threatening me with legal action
> unless i give her the letter or give her the P45. Cant believe people are so twisted only thing that gives me satisfaction is that this is a small town and i will make sure she has one hell of a time getting a new job. Whatever happens i will take this as far as it has to go as i have done nothing wrong, there is no way i will pay her a penny if any judgement is awarded against me.



I strongly suggest that you edit that post and ask the moderators to remove references to it from this thread. If it is a small town and someone reads that post you could end up with a much bigger problem on your hands. The internet isn't as anonymous as you'd think.


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## Deas (27 Mar 2014)

Given the tone of your earlier post, personally I would recommend to the girl in question that she should be taking a case for unfair dismissal; irrespective of whether she left or not. The fact that you have with-held her P45 will give her grounds to do this also as you are impacting her ability to work elsewhere and technically have retained her as an employee. As such she has every right to request that you provide confirmation that she is off sick.

Taking this back a notch though, you might want to consider your own actions in relation to this matter.  In your earlier posts, you confirmed there was an argument.  What caused this?  Was there culpability on your part?  The girl walked out - have you considered why she did this?  She went to a GP - have you considered the impact the argument had on her?  When you calm down you need to consider if the argument and subsequent actions had not occured was the individual in question a good worker?  If the answer is yes, is there another way around this that may mean that you need to apologise and offer her the role back?

You need to take the emotion out of this now.  Both of you have behaved badly; you as the employer more so.  You are in a small town as you say - she has the potential to damage you equally as much as you can damage her, and if she does take a case, many of the decisions now from EAT involve reinstatement as opposed to monetary payment, so be conscious of this.


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## Deas (28 Mar 2014)

Bms1, I'm going to reiterate Purple's point above.  You need to contact the moderators. I just looked at your posting history and I suspect you are easily identifiable in your locality. 
Deas.


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