Contracted employee left with 24hrs notice

BASSETT

Whoever coined the phrase "you just can`t get the staff" should be knighted!

Employee on permanent contract, has been for 6 months, contract states 1 months notice required. Anyway she turns up Friday afternoon and states she`s leaving the next day, already accepted another job and has a start date. Claims hubby bullied her into leaving, all s**** I think, but past caring.
I paid her up to date, even though I`m entitled to retain her wage, but was so shocked I just let her go.
Since heard she`s been decrying me and knew ages ago she had a new job but probably too scared to say.
Her P45 is on it`s way to me from my accountant, but she did not provide me with a letter of resignation, so I was thinking of typing one for her, stating in it of course, that she was paid up to date and did not give required notice, sending it to her to sign and return.
Just thinking of any future problems of course... got the t-shirt for that one.:(:(

Uncertain

BASSETT wrote: »

Whoever coined the phrase "you just can`t get the staff" should be knighted!

Employee on permanent contract, has been for 6 months, contract states 1 months notice required. Anyway she turns up Friday afternoon and states she`s leaving the next day, already accepted another job and has a start date. Claims hubby bullied her into leaving, all s**** I think, but past caring.
I paid her up to date, even though I`m entitled to retain her wage, but was so shocked I just let her go.
Since heard she`s been decrying me and knew ages ago she had a new job but probably too scared to say.
Her P45 is on it`s way to me from my accountant, but she did not provide me with a letter of resignation, so I was thinking of typing one for her, stating in it of course, that she was paid up to date and did not give required notice, sending it to her to sign and return.
Just thinking of any future problems of course... got the t-shirt for that one.:(:(

I can understand that you are annoyed as this is not the first staff difficulty you have had....

I'm not sure why you think you are entitled to "retain her wage" unless there is a specific clause to that effect in her contract. In theory you may be entitled to sue for any losses you suffer as a result of her not sticking to her contract. However such cases are very rare and normally only happen at very senior levels. You would have a legal duty to minimise any losses and you would of course have to deduct what you are saving in her wages. To be honest, this is a non starter.

Also, you cannot legally hold her P45 to ransom.

Annoying as it is you have to accept that an employee who is only there because you are threatening to sue them is possibly worse than useless. She presumably had some accrued holiday and, if you forced the issue would no doubt have taken a week off sick etc etc.

Put a few pence in the swear box and move on - sorry!

terra_ferma

She may well need a reference one day....

I would make sure that the letter does not legitimate her leaving with no notice, I would write to her about her breach of contract just to have it on record, rather than writing a notice letter on her behalf.

HappyMJ

You've not had much luck with employees... Forget about the letter and get onto looking for a replacement. I wouldn't put 1 months notice on a contract though. 1 week should be sufficient. See http://www.businesslink.gov.uk/bdotg/action/detail?r.s=sc&r.l1=1073858787&r.lc=en&r.l3=1074038949&r.l2=1073876974&type=RESOURCES&itemId=1073792628 for the 1 week bit.

DVardysShadow

Don't write her letter for her. Just record your version of events in correspondence and let her quibble.

Uncertain

BigDNutz wrote: »

Would have retained the salary personally stop her doing it to others and think twice next time. You dont sound too cross so sounds like your not going to be under too much pressure that she has gone and your a person down

Maybe you would but you have no legal right to.

Two wrongs have never made a right.......

anamenottaken

It's her word against yours as to whether she resigned. Never "finish" someone on the basis of a verbal resignation. Some people (though apparently not this one) will resign in anger and storm off but then settle down and want to return. Without something in writing from her but with your having arranged for a final salary payment, she could claim you dismissed her - wrongfully.

BASSETT

Thanks for all replies, I have no intention of pursuing her for anything, this is mainly a self preservation exercise. Hubby was also there when she said she was leaving. Already have a replacement so no problem there, but this employee was a friend of sorts so any trust I had in her has disappeared quickly.
Gave her references she needed for a house and other things, too much to put in.
But you`re right, if she plans any underhand tactics, I`ve got hubby as a witness etc.
Also she was telling a lot of customers she had another job, days before she told us.
She was very tearful as she left but think this was guilt as we told her we knew what she had been saying and she had shocked us, but wished her all the best.
Comically, she said if she didn`t like her new job she could come back, we obviously said no and our friendship/working relationship was finished. We were very nice about it obviously.

olly300

If she asks you for a reference state the truth about her work so if she was a generally a good employee who was punctual and worked hard put that in it but add somewhere.
"X came in on Friday 12th March and resigned with one days notice even though her employment contract stated a months notice was needed."

Savvy_Sue

BASSETT wrote: »

I paid her up to date, even though I`m entitled to retain her wage, but was so shocked I just let her go.

Not only would that have been an unauthorised deduction of wages, for which she could have taken you to court, but you should also have paid her for any leave she hasn't taken yet this year.

In other words, if your leave year started on 1 January, and she worked a 5 day week, and she has only taken the New Year Bank Holiday so far, you would owe her (28/12*2.5)-1 days, which I think is 6 days.

I'm not sure how you managed to pay her before your accountant had prepared her P45 and presumably payslip - do you not deduct tax and NI?

Mudd14

Unless of course retaining the wages for failure to give notice was part of the employees contractural terms.