What would you do?

[BeauTea Rooms]

Its gross misconduct not constructive dismissal,

In employmentlaw, constructive dismissal, also called constructive discharge, occurs when employeesresign because their employer's behaviour has become so intolerable or heinous or made life so difficult that the employee has no choice but to resign. Since the resignation was not truly voluntary, it is in effect a termination. For example, when an employer makes life extremely difficult for an employee to attempt to have the employee resign rather than outright firing the employee, the employer is trying to effect a constructive discharge.

The employer in this case has not behaved so badly the person has been forced to resign, enforcing a 'holiday rule' will never be considered bad behaviour..... the employee has infact been the one to behave badly therefore gross misconduct over rules

A misconduct is a legal term meaning a wrongful, improper, or unlawful conduct motivated by premeditated or intentional purpose or by obstinate indifference to the consequences of one's acts.

 

[BABSann]

Its gross misconduct not constructive dismissal,

In employmentlaw, constructive dismissal, also called constructive discharge, occurs when employeesresign because their employer's behaviour has become so intolerable or heinous or made life so difficult that the employee has no choice but to resign. Since the resignation was not truly voluntary, it is in effect a termination. For example, when an employer makes life extremely difficult for an employee to attempt to have the employee resign rather than outright firing the employee, the employer is trying to effect a constructive discharge.

The employer in this case has not behaved so badly the person has been forced to resign, enforcing a 'holiday rule' will never be considered bad behaviour..... the employee has infact been the one to behave badly therefore gross misconduct over rules

A misconduct is a legal term meaning a wrongful, improper, or unlawful conduct motivated by premeditated or intentional purpose or by obstinate indifference to the consequences of one's acts.

Actually I have just been involved in a very similar case and it was termed constructive dismissal by both the solicitor and ACAS. This was 3 months ago.

However what does it matter the terminology?

 

[taggyboy]

This is what I would do:

As soon as she comes in today (sorry maybe a bit late) as only just seen the thread and ask to see her privately.

Tell her you understand that she no longer wants to work at the salon and accept her notice. Tell her that you never realised she disliked her job so much! Get her to put it in writing and tell her she is free to go straight away. You will pay her whatever she is owed and forward it on.

She was aware of the rules regarding holiday and she knows she is in the wrong, hence her kicking off. January is very slow and an ideal for a salon owner to take a holiday IMO. As you say you didn't tell her she couldn't have the holiday only to take it later.

This person is going to de-moralise the rest of your team, (if you have one). If she can have this attitude away from the salon (we all know it goes on) then she is a very disruptive employee.

The use of the bad language says a lot about this person and I wouldn't want them working for me.

Sorry if this is a little late. Keep us informed. Good luck.

 

[taggyboy]

How did it go?

 

[zonebeuauty]

Agree Kim ,boss booked her annual holidays, as I do when salon is quiet....

 

[BotoxBoy]

Did she turn up the next day?

I would also sack this person. I would like my employees to be as passionate about the business as I am. There are plenty of respectful people out there wanting work. Sounds like this one needs a hard lesson!

 

[Miss Sparkle]

Well personally I would never send a text like that to a friend, let alone 'accidently' to my manager! She sounds very immature to me, I hope she grows up soon and can see what trouble she's caused. She's clearly never had her own salon, that's for sure ...

 

[unas escarlata]

I would accept her text as resignation.
Dying to know what's happened!

 

[BotoxBoy]

Well personally I would never send a text like that to a friend, let alone 'accidently' to my manager! She sounds very immature to me, I hope she grows up soon and can see what trouble she's caused. She's clearly never had her own salon, that's for sure ...

I know tell me about it!!! Makes my blood boil how they think its all easy setting up a business!!!

I see it in nursing, I worked hard to be promoted and these new nurses walk in expecting someone to develop their career for them!!! Grrr rant over...

 

[Leely]

It sounds to me as though it wasn't any mistake sending you that text. She should have known when she was booking her holiday that you were already off as it had been 6 months booked prior. Seems she is trying to "push your buttons"
If I was you and she turned up for work, I would have informed her thank you for the text you sent with regards to your holiday and wanting to leave. I'll take this week as a weeks notice. xx

 

[MrsHBeauty]

My sister got sacked from her hotel receptionist job for sending a text much like that to her boss instead of her mum. Serves her right for being disrespectful.

I would in no way want to employ that person anymore, you are her boss and whether she likes your decisions or not she has to respect them. If she doesn't like it she can jog on.

I would also say, "thank you for the text, I will take that as your resignation, you are required to give xx amount of notice, I will pay this period but I am putting you on gardening leave with immediate effect"

Ooh I wonder what happened lol

 

[Littlemiss72]

We're all hanging.......what's happened???!!!

 

[PixieBeauty]

.....????

 

[LyndseyD]

It's insubordination whether she meant to send it or not. Apart from the nature of the text she is also completely disregarding the policies and procedures you have in place with regards to Annual Leave. I have a Home Care business with 75 staff and do not stand for this type of behaviour. She is clearly not interested judging by her heavy sickness followed by annual leave record. I would accept her text as her notice. We work far too hard to build our business' to have ungrateful, lazy people pull us down and sully our good names. Sorry if I sound harsh, but after 10years you do become a little cynical and hardened to the numerous excuses they give.....for everything!!
Do let us know how you got on though!

 

[MrsHBeauty]

I'm so nosey but how did you get on?

 

[shazzawilson]

Interesting - so what happened? Please tell.

 

[NIX1284]

We're all hanging in limbo waiting to hear on update!

 

[bobbyrazz]

I doubt she sent the text on purpose. I've done it before when talking about someone and ended up sending it to that person by mistake because their name is in your head.

I'm dying to know what happened, its a cliff hanger!

 

[EllieJoy]

Personally I would tell her you've accepted her resignation via text and will follow up with her last pay and P45 in a week or so and ask her to leave immediately, I'm very hard when it come to things like this though and would take it very personally especially as your have a policy in place and you had offered a solution to accomodate both yours and her holiday time.

I second this. After all, shouldn't she be representing your salon and tells her friends how fab it is so that they generate you more trade? Not slagging you off!

 

[BeautifiClaire]

Oh the suspense!!! :wink2::wink2::wink2: