Legal Question in Employment Law in United Kingdom
I am the owner of a salon. I have had numerous problems with one employed (trainee from college) mainly bad attitude which has lead to two verbal warnings over the past year. Due to continuous poor attitude and recent aggressive manner I was to hold a meeting in which I was going to give a final written warning highlighting these problems and to inform the employee if her attitude does not improve I will be left with no other alternative than dismissal. Upon holding this meeting with a college lecturer present the employee instantly became aggressive shouting being abusive saying she doesn�t need this shit and I can stick this job stating I quit, she also requested paper whilst storming out of the salon saying she would also put it in writing and drop it in the following day. The following day she came back to work acting as if nothing has happened expecting to work, I told her this would not be happening advising her to go home and we would hold another meeting later the same day. In this secondary meeting I informed the employee both verbally and in writing that I had accepted her verbal resignation from the previous day and told her I no longer wished for her to continue her employment. The employee stated she had changed her mind and wishes to retract her resignation wanting to come back to work and if I don�t let her I would be breaking the law as people have 24hrs to consider the resignation, if i didnt do so she would take me to court. Is this at all true????? or am I within my rights as I believe I followed the correct proceedure for dismissal.
Yours sincerely
Simon Broom
1 Answer from Attorneys
I think in her words you do not need this shit. Into this category falls the suggestion that the law allows 24 hours to retract a resignation. There is no such law or entitlement. You have very clearly acted very reasonably and properly and had she not resigned would have proper cause to dismiss.
Worry not. She has resigned from your employ you have no obligation to re-employ.
Andrew Dutton
www.legal-zone.co.uk