Can he claim constructive dismissal?

crankydame

After an brief altercation with one of our directors, one of our employees resigned the same day. He tried to discuss it with him but he refused to discuss it and walked away. It was decided to let things cool off for a few days (4 days). On the fourth day, he was asked if he had thought about his resignation any further and was he serious about it. He said he was and the situation should have been "sorted out" on the day of the altercation (but he wouldn't talk about it then!) Anyway the final day of employment was agreed with the employee allowing for the notice period of 1 month. It was decided to pay the employee in lieu of notice and a telephone call was made to the employee to inform them of this decision. A letter confirming all these details including what holiday pay would be paid, was sent to the employee confirming acceptance of their resignation. A week later the employee sent a letter saying they had been advised to make an official complaint regarding their reason for resigning, ie that a director had shouted at them using foul language regarding a non-work related matter. It was a trivial matter and yes the director did shout at the employee and did use foul language, however, it was done on the spur of the moment whilst a majorly stressful computer problem was being discussed in the office. We now think the employee is going to claim constructive dismissal. Two questions:-
1. Does this constitute constructive dismissal?
2. We have a grievance procedure which does not allow for making a complaint AFTER resignation - is this allowed?
3 Should we respond to the employees letter or wait for court papers? The employee hasn't actually said they are going to an ET but we think this letter is a precursor to action.
Apolgies for the rambling!

Uncertain

1. Just possibly.....

2. No, the law allows a grievance to be raised after leaving

3. You must deal with the grievance properly

crankydame

Okay, so we should write back asking for a grievance meeting appointment where we should discuss the incident, record both sides of the story and then what - are we obliged to let the employee retract resignation or where do we go from there?

kateab

I would ask the employee in the meeting what he wants out of it and if you feel it is not unreasonable, then let him back if that is what he wants. Might take the wind out of his sails a bit.

IMO, there is no situation in which anyone shouting at anyone and using foul language is acceptable in the workplace. Particularly as this employee was shouted at for apparently an unrelated matter, there really is no excuse for that sort of behaviour, and especially from a director who is a role model for others in the organisation. I've had to sort out some majorly stressful computer problems in my time but I have never once shouted at other staff or sworn at them. Sounds like he's changed his mind or thinks he can profit from the situation but really, an unreserved apology and any other action that will avoid him taking you to ET will probably save you a lot of hassle and money.

kateab

crankydame

Thank you, appreciate your comments. I accept that bad language in the workplace is not acceptable, however, the director did actually try to apologise and without being too specific, both parties were in the habit of using colurful language in what is a very informal workplace so it was a surprise that the employee chose to take this particular incident quite so seriously when he himself had used similar language on many occasions. Makes the place sound pretty sordid really but the relationship was not purely employer/employee - both had been friends long before being workmates (they worked with each other for almost 10 years). The incident was a heat of the moment thing and yes the feeling is that the employee has seen it as an opportunity to profit - not what one would expect from a friend. The situation would have blown over very quickly with no hard feelings intended or taken on any other day.

Runnybabbit

Can I also suggest that you advise the employee to take someone with her/him to the meeting, usually a work colleague or a Union Rep if he/she has one. I took my Union Rep who had a calming influence !
Hope it all gets sorted out

Babbit x

GrumpyOldMan_2

I hope your employee takes you to the cleaners - it is not justified for a director to talk to an employee in this way:mad:

JUNIOR

"employee has seen it as an opportunity to profit " SO HE SHOULD !!!:D

Perhaps they should consider an out of court settlement:rotfl:

"not what one would expect from a friend" a friend thats verbally abused in the workplace :rolleyes:

Management :rotfl:these people get worse with every mistake they make and expect the employee too take it up the rear (cant swear:o).

I'll second GrumpyOldMan comments , up the revolution !!!!

zzzLazyDaisy

Contact ACAS and get some advice - that is what they are there for

crankydame

zzzLazyDaisy wrote: »

Contact ACAS and get some advice - that is what they are there for

Thank you I have, they were very helpful. Reading my first post, this all seems quite nasty, however, I haven't been able to fully describe the events which took place and if I had I am sure the fellows above would see a different side to this. But hey, ho, everyone is entitled to their own opinion :-)

JUNIOR

So what ur saying is that u dont mind your director swearing at you , " in the heat of the moment " :rolleyes: . And i'm pretty sure if the employee verbally abuses the director it would be instant dismissal;)

sorry but theres no excuses for that kind of behavior .