advice re ex-employee

[ginmakesitallok]

Changing some details so this isn't going to identify people. Employee was disciplined for a number of issues and received a first and final written warning. Then we received another complaint about him and investigation process started again. He resigned. He's got issues about the amount of holiday pay he got at end of employment (all according to contract). He's been calling me, very angry saying that he doesn't have any money, how can we treat him like this and saying he's going to go to papers/complain about his manager, go above my head etc (none of which particularly bothers me as I know we've followed procedure etc). So he called last week AGAIN and I agreed to meet with him to discuss issues (with HR present).

My intention is to take him through how his holiday pay was worked out but not to get into any other issues. If he goes into other issues (which he will!) what would be the implications for any future constructive dismissal if I tell him my true views on this (that he doesn't have a leg to stand on, acted unprofessionally, that it was HIS choice to resign rather than go through another investigation and that he has brought this all on himself??)
It's so hard - because I feel sorry for him - am sure he can't sign on if he's resigned - and he has 3 young children

[LoveBeingAMummyAgain]

You can't tell him what you really think no matter how much he might need to hear it.

Stick to the facts. This is how your holiday is worked out, you used this much which leaves this much and that's how much we paid. Maybe have a sheet he van take away?

Re the other things again stick to facts. You received a first and final warning and then another compliant. We were investigating this when you resigned before complition of the investigation process.

[LoveBeingAMummyAgain]

And don't be drawn into arguments, don't be afraid to end the meeting either if he's going round in circles.

Just remember it is emtional for the mos, it is their livelihood and they are probably regretting it /getting pressure from partner etc but you are still representing the company so need to remain calm and factual.

Good luck.

[Grevling]

Depends on where you work but I'd also look to see if any of the office staff are secret rugby players and have them stationed nearby.

[flowery]

Agree with LoveBeing

Stick to the facts re clarifying his holiday, and give him something to take away showing how it was calculated.

If when he starts about the other stuff, just calmly bring the conversation to a close, saying you are not prepared to discuss it. Say it was the subject of a disciplinary investigation and at any disciplinary hearing that may have resulted, he would have been given the opportunity to have his say, give any explanations and ask any questions. He elected to resign instead which was absolutely his right to do, and you wish him all the best for the future.

[ginmakesitallok]

Thank-you all. This will be the biggest test of biting my tongue I've ever experienced!

[StillSquiffy]

Depending on the circumstances you may consider whether closing everything off with a compromise agreement might put closure on this and take away the stress of dealing with him any more.

[ginmakesitallok]

compromise agreement not possible - and I don't see why we should "compromise" in any way, his behaviour while he worked for us was totally unacceptable. It was his decision to resign instead of facing another disciplinary, though he obviously didn't think through the implications of that.

[SenoritaViva]

Of course you don't need a compromise agreement, you have accepted his resignation etc. Make it clear at the beginning of the meeting that you are there to explain his leave calculations and not to discuss any other aspects of his employment. If he pursues a discussion about other topics that would have been dealt with at a disciplinary hearing then you will immediately terminate the meeting. Make this your opening sentence so that it his understanding. Agree about having the calculation written so that if this happens you can hand this to him and leave.

[EdithWeston]

Stick to the facts of the issue for which this meeting was called.

If additional issues are raised, say you cannot deal with them at this meeting and ask him to set them out in writing and you (or ideally HR) will respond.

[LoveBeingAMummyAgain]

It was his decision to resign instead of facing another disciplinary,

Actually he chose to resign pending an investigation not disciplinary, who knows what the outcome of the investigation would have been

[LoveBeingAMummyAgain]

Grevling Fri 30-Sep-11 09:32:46
Depends on where you work but I'd also look to see if any of the office staff are secret rugby players and have them stationed nearby.

Btw its worth someone knowing where you are and how long you'll be, don't be afraid to have someone come and knock the door with an urgent interruption (only if there is someone you trust enough to do this of course) if your not out in x mins.

[ginmakesitallok]

True lovebeingamummyagain! (reminds self "don't mention 2nd disciplinary which might not have happened")

[EdithWeston]

If you think there might be the possibility of a constructive dismissal claim, then I also suggest that the HR bod clearly takes notes during the meeting. These should then be formally written up asap, signed by both of you and kept. You might also want to think about sending the ex-employee a copy.

[ginmakesitallok]

and after all that...... he didn't turn up

[LoveBeingAMummyAgain]

Typical hate it when you get all prepared like that. Never I'm sure you'll hear from him again.

[ginmakesitallok]

Yup- I have no doubt that he will call again. When he does I'm just going to tell him that as far as we are concerned he has been paid what he is contractually due and that if he has any outstanding issues he should write to me formally about it because I am not prepared to discuss it any further with him.