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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Employee taking the proverbial...and leaving us up the creek!

97 replies

Tedp · 31/07/2019 21:54

Sorry folks, it's a work related one.

So, little bit of background. We run a small, independent family business, employing 10 people (including ourselves) across 2 sites.Everybody earns the same, has the same entitlement to annual leave etc. There's no hierarchy, other than obviously us as owners (although we too take the same wage, do the same job etc.)

Anyway, we have a general rule/policy that no more than 2 members of staff can be on annual leave at any time, due to the lack over cover as we're such a small business. This generally works out well, and on the odd occasion that we've had to decline a leave request for this reason, it's been accepted with good grace. If something was to come up as an emergency, we'd do all we could to be flexible of course, as it's far better for us to have a happy team than not.

One member of staff mentioned a while ago that they wanted some time off for a family wedding, but didn't give any dates - we asked them to let us know the dates ASAP so we could get them in the diary. Over 2 months passed before we were given the dates (4 working days) and unfortunately during that time 2 other members of staff had booked 2 of the days off, so we had to explain that we could honour the midweek dates but the weekend wasn't available. So far as we were aware, this was accepted.

Fast forward to 2 weeks ago, and on their last day before the agreed period of leave, employee asks "You have sorted cover for next week, haven't you? I'll be back a week on Tuesday."

Erm, no, we hadn't of course. We'd sorted cover for the agreed weekdays, but explained yet again that unfortunately the Saturday we couldn't cover so he would be required to work. As the Sunday was also his normal working day, and he hadn't asked for this, we'd had no prior notice to either approve or decline this, nor to look at arranging cover.

We left it that he was expected back in work on the Saturday, and wished him a good holiday. Of course, when the Saturday came around, he didn't turn up - leaving us well and truly in the brown sticky stuff. Nor did he come in on the Sunday. He wasn't contactable, we tried.

On the Monday (not a day he is scheduled to work) he contacted us by text message asking "Is everything ok?", and we responded to the effect that he had left us in an incredibly difficult position, costing us lots of money and damage to our reputation as we'd been able to fulfil our obligations over the weekend due to him not turning up. He was warned that if he did that again, he would be dismissed, however we're reasonable people (probably too reasonable) so we were prepared to give him a chance, and would say no more about it.

He well and truly threw his toys out of the pram at being warned, and told us he would not be returning to work after we had "threatened" him. This left us in an ever worse position, as he was due to work on the Tuesday and again we had commitments we had to cancel due to him quitting.

We've managed to find somebody else to fill the role now, although will have to invest in training them, and it will have an impact on the business for a while as we get them up to speed.

The (former) employee has now contacted us again today, basically asking for his job back, although no sign of any apology, just "I had things on my mind". Well don't we all! Some of us now have the added worry of repairing our damaged business, and making sure we can still pay the rest of the staff this week.

Are we being unreasonable in any way? I certainly don't think so, but he clearly does.

OP posts:
HeadintheiClouds · 31/07/2019 21:58

Of course you’re not. You’re not seriously considering taking him back, are you?

Morticiaismystyleicon · 31/07/2019 21:58

Are there contracts in place?

leghairdontcare · 31/07/2019 21:59

No, he went AWOL then texted you to say he wasn't coming back so basically resigned without working any notice. No sane person would give him his job back.

RosemarysBush · 31/07/2019 21:59

You sound perfectly sane and reasonable.

idontknowwhattosay · 31/07/2019 22:00

He is selfish and clearly only has his interests in mind. Dont take him back, he will let you down again

lazyarse123 · 31/07/2019 22:01

Yadnbu, but I don't anything about employment law but he was definitely taking the mick. I also wouldn't be happy if he was my colleague.

DonnaDarko · 31/07/2019 22:01

Are you in the UK? If he's not a temp, I'm not sure you can just fire him like that.

MistressWeatherwax1 · 31/07/2019 22:01

YANBU at all. They asked for leave, part of it was declined and they took it anyway with no thought or regard to your business. They are unreliable and I wouldn't have them back.

We've let people go recently for the same thing.

In a small business you really do need staff you can trust and rely on.

DonnaDarko · 31/07/2019 22:02

I need stronger glasses.

It sounds like he quit so what I said is irrelevant lol

KeepFuckingOff · 31/07/2019 22:02

Have you posted this before? I’m sure I read an almost identical thread last week? Anyhoo, YANBU and don’t take him back he’s a grade A twat.

Triskaidekaphilia · 31/07/2019 22:02

YANBU. You were lenient to offer a second chance, then he quit without notice. Please don't consider re-hiring him.

Digitalash · 31/07/2019 22:02

Aside from all the other stuff he quit with no notice and is now asking for his job back? I wouldn't do it because A) what happens to the person you've hired to replace him and B) I wouldn't have any faith he wouldn't do it again.

mineofuselessinformation · 31/07/2019 22:04

Don't take him back - and don't pay him for the two days' unauthorised leave either.

StripeySocks29 · 31/07/2019 22:05

I think in this context your actions were fine and he ended up in this situation due to his own actions so no sympathy for him BUT what happens if you have two people on annual leave and someone calls in sick, or half the team get norovirus?

You need to plan better for emergency situations so your business isn’t damaged in the first place.

mineofuselessinformation · 31/07/2019 22:05

Oh, and if he hasn't given you the correct notice, deduct that from his final pay as well.

themmatricc · 31/07/2019 22:05

just say even if we wanted to which i dont we cant take you back as weve replaced you with another person

Thequaffle · 31/07/2019 22:06

Absolutely not U. He failed to turn up to work for no good reason and then he quit. I wouldn’t take him back, sets a bad precedent.

zippey · 31/07/2019 22:10

It’s a bit crap that you can’t have two people off at the same time, but that’s the perils of a small business I guess. He shouldn’t have quit with no notice. It’s one thing to be angry, but quitting like that is crap.

7yo7yo · 31/07/2019 22:12

No way! Do not have him back!

winepls · 31/07/2019 22:12

I work for a similar sized business, & would be absolutely strung up for what he did. The damage would be horrendous & I'd be sacked on the spot.

Flavabobble · 31/07/2019 22:22

He's an idiot and doesn't deserve his job back...but did it really come as a surprise that he didn't turn up on the Saturday when you knew he'd be attending a wedding? Did you honestly expect him to turn in? Because I'm not sure I would've.

Caselgarcia · 31/07/2019 22:23

I think your other staff members would be pissed off if you took him back. They know the rules and accept them. He knew the rules, broke them, let you all down then expects to come back!

HollowTalk · 31/07/2019 22:24

Check your contract, but if you're able to refuse him, you'd be crazy to take him back.

HollowTalk · 31/07/2019 22:25

I would post this in Legal.

TheHandsOfNeilBuchanan · 31/07/2019 22:27

I used to work for a similarly sized company as a summer job, there was a man there who'd worked there for about ten years, he did this kind of thing a few times, or refused to do certain shifts eg back holidays, around Christmas etc. The owners let him come back or get away with it at he'd been there from the beginning and initially had worked hard. It bred resentment through the other permanent employees and the best ones left. Don't even consider it OP, he made his bed, he can lie in it. He no showed to go on holiday, damaged your business, then quit without notice. You owe him nothing.