Difficult staff member - walked out but now trying to bully for dismissal letter

(31 Posts)
YohedYoshoulderYonisandYotoes Sat 13-Apr-13 11:00:53

Hello,

I have been working for a business for three years, during that time I wanted more money and after complaining for a while I was offered a managerial role, however this meant that I had to do shifts that, frankly, interfered with my social life (working in a pub) and I got pissed off with that, also I had several chances to work for someone else who paid me more, so I sacked off another couple of shifts. I did get criticised as I tended to do the shifts that were percieved as 'easy' by the other staff, but frankly the pay is so bad that I'm surprised anyone works there at all.

After a while I decided not to do the management job, but that meant my pay went down again. Also they tried to make me work Christmas eve without any special bonus - I got tips, but nothing extra in my hourly rate - so I refused. Why shouldn't I? Then I got the Christmas Day shift, but couldn't be bothered working the whole shift - its christmas day right?! So I got drunk and went home early.

I also got told off for swearing in front of customers, but it was a really busy day and I was annoyed at my low rate of pay considering it was busy.

Anyway, the point is I sort of walked out - well I said I was getting out of this business and said 'I can't be bothered with this bloody place anymore' which I again got told off for. I didn't get any more shifts, but then I supposed I didn't go in an ask for any.

Anyway what I'm asking is, if they don't give me shifts, can I do them for unfair dismissal? Also I am thinking, if they haven't actually sacked me, what if I say I didn't actually mean to walk out? Will they have to keep employing me?

TheFallenNinja Sat 13-Apr-13 11:57:38

You need to tell the boss that they need to stop being a pushover.

Personally, dependant on the contract, I would simply reduce the hours as low as possible and let nature take its course. I would also start to inform the inland revenue about tips and fully exercise an employers right to dismiss a staff member for swearing at a customer.

Jux Sat 13-Apr-13 12:23:26

I'd call it gross misconduct. Not finshing shifts, not turning up, swearing at customers?

Ask on legal to double check though.

AnyaKnowIt Sat 13-Apr-13 12:28:44

I would write to the employee inviting them to a investigatory meeting following the walking out incident.

Then your friend needs to follow their procedures to work them out

TheSecondComing Sat 13-Apr-13 13:01:01

Message withdrawn at poster's request.

flowery Sat 13-Apr-13 13:04:42

Speculating on here about the legal situation the OPs friend may be in us unlikely to be helpful.

OP your friend needs to spend a little time and money explaining the situation fully herself to an employment lawyer or small business HR consultant. An hour or so will not cost much and will enable her to make some fully informed decisions.

hermioneweasley Sat 13-Apr-13 15:58:41

Agree with flowery, but your friend should not put anything in writing to the ex employee before taking advice. I suspect they will be safest to insist she resigned, but if they did nothing to clarify it, contact her when she didn't turn up etc they still might be on shaky ground. I am amazed they put up with this for 3 years!

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