Broken contract?

leighavfc

lincroft1710 wrote: »

Send him a letter and say that you will release him from his contract with immediate effect if he is agreeable. Far better than paying sick pay or having a disgruntled employee in the workplace for 10 weeks

Good point, this would force his hand also. Think i will get something together tomorrow and post it. Im 99% sure this is what he wants so he can do his courses and get his cards and documents needed to work etc etc. He did mention to me when he initially said he was leaving that he would need to do a expensive course his dad was paying for. Maybe he will start working for his dad during this period, this wouldn't surprise me either. Whole thing is sketchy now he dropped that out Sunday.... Via text btw!

bugslet

leighavfc wrote: »

No obviously not........ we were being whats called helpful to a friend at the time. I understand your comment now about policys, and yes maybe we should have got rid but it stopped soon after and didnt really have many issues after that. Point taken there.

Im not sure hence why im asking, solicitor seems to think we have a case, tbh i dont have the contracts in front of me to tell you all the details, so maybe im asking an unanswerable question without the relevant info. Sorry my head is all over the gaff at the minute.

Skip the solicitor - it's really not worth it. Unless you are the solicitor!

lincroft1710 wrote: »

Send him a letter and say that you will release him from his contract with immediate effect if he is agreeable. Far better than paying sick pay or having a disgruntled employee in the workplace for 10 weeks

I'd go for that as well. Whilst you cannot know what is going on inside his head and we can't know the full story from just your side ( no disrespect intended), it does sound as if he basically wants to crack on and help out his Dad and 11 weeks is too long for a notice period.

leighavfc wrote: »

Hi all

My dad again text our employee last night to ask him to attend a meeting at work to sort this all out, and probably let him go there and then (which is what he wishes we think !!). He again failed to respond and also turn up to the meeting today.

Around about 12.30pm today my dad heard the letterbox go after the postman had been, so he wondered who it was. As he looked out window ,said employee girlfriend's car was driving past. So either he or she have popped his self certification form in to us. If it was him, there is no reason what so ever for him not to pop in to sort it. There are no hostilities we would just like to know

A. what is going on with him, is he ill? Or is there another reason to this?

B. what he wants to do about it from here on in? Does he want to leave earlier than notice period (good chance this is the case obviously).

C. To get our keys and property back belonging to the company. He never left them today with his note, why not? i just dont get it at all really.

That is not being unreasonable on our part in my opinion, what do you think?
!

A. No one can answer if he is ill - you now have a sick note, so you need to treat it as if he is ill. He has given you notice that preceeded the sick note. Have you established how long his contractual notice period is from his contract of employment.

From your perspective you want a short notice period because otherwise you are shelling out SSP/full sick pay. ANd because, if I read this right, even if he came back and worked for 11 weeks, the atmosphere would be awful and it's just not worth it.

B. Again, no idea what is in his head. But it looks as if he wants to leave early.

C. You need to seperate the personal from work and now. If he isn't talking to you, why not just call round ( having checked his contractual notice period), and say 'Look, it's X weeks, if you want to go earlier, then do so, but be straight with us. What's your drop dead date? Once you have a date, be it this Friday or ten weeks time, then you can arrange handover of keys etc.

It may not be right that you have to do the bending over backwards, but be the big man. He's going. It seems he doesn't want to be there and is being an @rse about it, you don't have to be the equivalent.

Comms69

leighavfc wrote: »

Hi all

Right let me get you up to date without quoting everyone individually lol

My dad again text our employee last night to ask him to attend a meeting at work to sort this all out - Sort what out? he's called in sick and is entitled to self-certify for 7 days , and probably let him go there and then (which is what he wishes we think !!). He again failed to respond and also turn up to the meeting today. - You're going to sack a long term employee on sick leave? Fancy getting sued?

Around about 12.30pm today my dad heard the letterbox go after the postman had been, so he wondered who it was. As he looked out window ,said employee girlfriend's car was driving past. So either he or she have popped his self certification form in to us. If it was him, there is no reason what so ever for him not to pop in to sort it. There are no hostilities we would just like to know - HE DOESNT HAVE TO!

A. what is going on with him, is he ill? Or is there another reason to this? - FGS it doesn't matter!

B. what he wants to do about it from here on in? Does he want to leave earlier than notice period (good chance this is the case obviously). - At the minute he's sick, so stop pressuring him

C. To get our keys and property back belonging to the company. He never left them today with his note, why not? i just dont get it at all really. - BECAUSE HES STILL AN EMPLOYEE?

That is not being unreasonable on our part in my opinion, what do you think? - yes, incredibly so!

There is something fishy about all this, weather its him just wanting to leave early or something else i dont know. - or you and your dad are totally overreacting? Im pretty certain he is not stressed out about anything, hes got nothing to be stressed about as far as i know. - Are you his GP? His mental health support worker? His parent? His partner? - just fyi he could have a serious disease, just lost someone, or hit with a mental health condition. We talk about everything, funnily enough apart from whats happening at the moment. Maybe he has got something wrong somewhere, but no one knows what or why, even mutual friends. - And why should they?

Its terribly sad that its ending this way at the minute, were all upset about it and im sure somewhere deep down he wont be feeling great about it either. If i could just understand what or why then everything would be fine again, as long as its nothing bad towards us obviously. - Understand a simple premise - he is ill.

I know i should maintain a professional stance on this - and you plan to start when? , and i am to an extent - literally no you aren't. but i am finding it tough as i want to help if there is a problem. - he clearly doesn't want your help. Maybe his actions are telling me something else though? The picture of him being out and about drinking and enjoying himself tell me that this is just a front, this is why i am suspicious. If he was told to rest by doctor, why is he doing DIY and then me seeing him up the tip. Or has he started working for his dad ? Some might say him being out is stress relief, but im not sure if im stressed i would be out the amount he has in such a short period of time. Doesn't smack me as being too stressed to work. - I give in....

All this would have been sorted today or yesterday if he had just replied or responded to us, this is very unreasonable and surely he has to maintain some contact with us? - what's your policy say? Still haven't actually bothered to post that

Sorry for long post, i might sound like im ranting. Im trying not too but i find it good to get it out on here !

Unfair dismissal case coming up I reckon....

leighavfc

Comms... we are not sacking anyone FGS. I have never said that. we simply want to sort this out with one way other reasonably... your talking as if were being unreasonable simpky not the case

Comms69

leighavfc wrote: »

Comms... we are not sacking anyone FGS. I have never said that. we simply want to sort this out with one way other reasonably... your talking as if were being unreasonable simpky not the case

You are being unreasonable. I have no motive to choose one side over the other, so from a neutral 3rd party point of view - you are bordering on harassment

leighavfc

Ok were being unreasonable then. Solved. Il wrap this thread up then. Thanks all for your comments, many taken on board and will use going forward!

FBaby

You are over thinking it all. It doesn't matter if, when, why. The most likely scenario is that he agreed the 11 weeks because he wanted to be fair to him. He went home, told his dad and his dad went beserk because he needs him to start right away on a project.

He is torn apart as to what to do, and because he is too coward to come and say that he needs to be let go despite his confirmation of the notice, he's decided to take the easy option of going off sick. He is not engaging because he knows his actions are coward. He got his girlfriend to come to avoid speaking for the same reason.

I too expect he wants your organisation to take charge and make the decisions for him, so writing to him to suggest reducing the notice to none if that suits him is best and will probably return a 'that's fine, I agree'. He can then get on with his new role relieved of guilt.

leighavfc

FBaby wrote: »

You are over thinking it all. It doesn't matter if, when, why. The most likely scenario is that he agreed the 11 weeks because he wanted to be fair to him. He went home, told his dad and his dad went beserk because he needs him to start right away on a project.

He is torn apart as to what to do, and because he is too coward to come and say that he needs to be let go despite his confirmation of the notice, he's decided to take the easy option of going off sick. He is not engaging because he knows his actions are coward. He got his girlfriend to come to avoid speaking for the same reason.

I too expect he wants your organisation to take charge and make the decisions for him, so writing to him to suggest reducing the notice to none if that suits him is best and will probably return a 'that's fine, I agree'. He can then get on with his new role relieved of guilt.

Totally agree with all of this, this is the way we will go i think. Probably the fairest and most amicable at the end of the day.

I agree i am taking this far too personally at this moment, im mellowing on the work front about it by the hour. That at least is a little relief for me.

I will pursue the personal issues when i see him... and i will see him around. We live less than a mile apart and we have many mutual friends. Shame all this but o well thats life, time to move on. Lessons learned about working with friends... big no no from now on. Dont want to feel this crap again!

Savvy_Sue

Apart from keys, which you now don't need back because you've changed the locks, what property does he have? Is it worth pursuing getting it back, or just let it go?

bairn7

Sorry, am I the only one thinking why haven't you just spoken to him!? You are friends, pop by in a friendly capacity and find out what is going on!!