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Original poster

Employee walked out but now wants to come back

49 replies

daffodil10 · 10/03/2017 22:24

I have an employee who walked out of the office shouting I quit. My colleague had picked her up on a piece of incorrect work that was a serious mistake . She wasn't disciplining her she was discussing the error and how to move forward. The employee lost it, threw her keys at my colleague and walked out. She now wants to come in on Monday to discuss. I don't want her back. As she walked out is this classed as resignation therefore she doesn't serve notice and I don't need to pay her

OP posts:
LadyMaryofDownt0n · 10/03/2017 22:25

So what are you asking? You seem pretty clear that you've made your mind up.

user1483387154 · 10/03/2017 22:26

I wouldnt take back someone who behaved like that

Hellmouth · 10/03/2017 22:27

She yelled "I quit" as she walked out. Sounds like a resignation to me :D

Original poster
daffodil10 · 10/03/2017 22:28

Sorry I'm asking if I have to take her back or as she walked out is that breach of contract or gross misconduct?

OP posts:
OutToGetYou · 10/03/2017 22:29

You don't pay her notice if she doesn't work it, no. But make sure you pay up accrued but untaken holidays.

Personally I wouldn't actually take that as a resignation though. I'd do a "heat of the moment" letter and ask her to confirm the resignation, without notice, in writing by x date or you'll consider her resigned anyway.

ChuckDaffodils · 10/03/2017 22:30

No, if someone resigns in the heat of the moment, you should meet and discuss the situation and give them a chance to apologise and support them to make sure it doesn't happen again.

Anything else would be just plain nasty, if there are no other issues.

I think there is guidance to support this. I will have a look for it.

OutToGetYou · 10/03/2017 22:30

Look, it's not gross misconduct to lose your rag one time.

And history of this? How long is her service?

What dies your policy list as gross misconduct anyway?

HecateAntaia · 10/03/2017 22:31

This reply has been deleted

Message withdrawn at poster's request.

Original poster
daffodil10 · 10/03/2017 22:32

But if I do a heat of the moment letter and she says no I didn't mean it, I'm stuck with her and I really want her gone

OP posts:
ChuckDaffodils · 10/03/2017 22:32

m.acas.org.uk/index.aspx?articleid=4634

JaneEyre70 · 10/03/2017 22:32

Tough one - if it was just a strop then you are justified in your stance. But if there is something making that person very stressed either at work or at home, then it would be unreasonable to not try to sort something so you are both able to move forward. Take advice from ACAS on your legal position.

ZilphasHatpin · 10/03/2017 22:33

Err she threw her keys at someone!

How could you even contemplate a return? She has a brass bloody neck even asking. I'd threaten to phone the police if she came near the place again.

LadyMaryofDownt0n · 10/03/2017 22:33

Ok, personally I would have a meeting with her & discuss the issues/get the point of view about what happened, then go from there.

If there's been no other issues then I wouldn't be to harsh.

ChuckDaffodils · 10/03/2017 22:36

Throwing her keys at someone, can be anything from chucking them on a desk and them skidding to a halt an inch away from a hand, to launching them and embedding them into someone's face. They are not the same thing.

Original poster
daffodil10 · 10/03/2017 22:37

There have been numerous issues with her but not enough to discipline- being rude, picking and choosing work, not being a team player it goes on and on. I'm kind of viewing this as an opportunity to get rid of someone who we've been carrying for years

OP posts:
Voice0fReason · 10/03/2017 23:07

Surely resignation must be made in writing for it to count.
If you are saying this is gross misconduct you would have to go through a formal disciplinary process to sack her.
She is still employed until it is agreed in writing that that is no longer the case.

TiggyD · 10/03/2017 23:09

Sounds like they were affected by stress. I'd listen to them.

ChuckDaffodils · 10/03/2017 23:13

All of those are reasons to manage her. Whoever should have been managing her only has themselves to blame. Manager her up or manage her out. But doing it this way is wrong and the cowards way out. Sorry.

EskSmith · 10/03/2017 23:14

Sorry I know this is not what you want to hear but no this does not count as a resignation. You need to meet with her and discuss the issue. It sounds as if you may have the basis for a warning. Assuming she wants to continue in the post you then need to start tackling her undesirable behaviour, by ignoring it you are doing no-one any favours. If she doesn't know she isn't performing then you are taking away er opportunity to learn & improve.

You need to approach this from the stance of wanting to support her to become a fully functioning team member, Do you have HR support because TBH it sounds as if you need their support and advice or this case could easily end up at an unfair dismissal tribunal.

ZilphasHatpin · 10/03/2017 23:19

Bear in mind that if you do have to support her to be a fully functioning member of the team, you may also have to support the team member who isn't keen to work with someone who previously threw a bunch of keys at them. That could be tricky. I certainly wouldn't accept that with a smile.

Original poster
daffodil10 · 10/03/2017 23:21

I do have employment legal support and hr support to call on but why is it potentially unfair dismissal when she walked out ? Also she has been given training And support many mAny times.

OP posts:
Original poster
daffodil10 · 10/03/2017 23:23

Incidentally the person she threw the keys at wasn't another team member it was another partner - her employer

OP posts:
EskSmith · 10/03/2017 23:27

Because it sounds highly likely that she was under pressure/dtressed when it happened. And you have nothing in writing.
As Chuck says she needs to be properly managed - written feedback and clearly identified targets to improve. If these are not met you should then follow the disciplinary policy.

You say she has been given this many times but if it is not documented and clearly explained then it counts for little I am afraid.

Engage with your support - get some advice this is the way to resolve it.

Dontlaugh · 10/03/2017 23:32

Use your legal support.
You'll need it.
She sounds like a person who would lawyer up if things don't go her way.
Look on it as an investment in your business,
Throwing keys at someone? Yelling "I quit"?
She's not exactly a bonus to the business, is she, based on that.

Dontlaugh · 10/03/2017 23:35

She walked out yes, but the onus is on you an an employer to prove you offered her every chance to improve, apologise, return, etc.
A failure to show these steps will scupper you, regardless of her actual behaviour.
Get some professional advice from HR and legal if you want to get rid.
Do it properly or you'll end up in an Employment Tribunal.

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