Employee walked out!

[james2004]

If an employee walks off site and doesnt return (without consent or knowledge) is this classed as a resignation. We have a guy who is in his probation and just walked out as he has so many personal problems he just cant cope, we have treid to help but he just wont let us?

what do i send him now i know hes not coming back?

 

[kulture]

I would send a letter asking him to return for an interview giving him say 7 days to respond. After that I would send a P45.

Hopefully the employment experts here will confirm (or NOT) whether this is OK.

 

[angel_face82]

Send a letter to keep yourself right. He has walked out but this is not an automatic resignation i believe.

 

[shelbs]

Hi,

Whilst the employee is in probation, you can dismiss him for this, but so that you are seen to be doing the right thing, a seven day letter is the best way to proceed.

 

[apacarada]

Before you send P45 you have to pay him for every hour he worked and any holiday he has accrued. If he owes you any money than you may deduct that from his last salary.

 

[Richie N]

I would sent an AWOL letter, see some more information on this;
http://businessdatabase.indicator.co.uk/article.php?nlid=UKTAPSAR_EU090207&src=search&domid=88

 

[Richie N]

I would sent an AWOL letter, see some more information on this;
http://businessdatabase.indicator.co.uk/article.php?nlid=UKTAPSAR_EU090207&src=search&domid=88

According to our Company records, you failed to report for work on ……………….. (insert date) and you have not reported for work since that date. We have not received any explanation from you for your non-attendance. On ………………... (insert date) at……………….. (insert time) ……………….. (insert name of contact) did try to make contact with you by telephone (but there was no answer/ but you were not available and so a message was left for you which you did not acknowledge).[/font]
Your conduct in failing to report for work without providing any reason whatsoever implies that you intend to, or have, resigned your position with the Company. If this is not your intention and you are proposing to return to work, we would ask you to contact . . . . . . . (insert name of contact) as a matter of urgency and, in any event, by no later than ……………….. (insert time) on ……………….. (insert date).

You will be asked to explain why you have both failed to report for work and to contact us and when you do expect to return to work. We must warn you that unauthorised absence without good reason is a serious disciplinary offence which could result in disciplinary action being taken against you in accordance with the Company's disciplinary procedure. Depending on the particular circumstances of the case, it may amount to gross misconduct.
However, if you have resigned, please supply us with a written resignation letter as soon as possible.
Yours sincerely,

 

[David Griffiths]

Before you send P45 you have to pay him for every hour he worked and any holiday he has accrued. If he owes you any money than you may deduct that from his last salary.

You can only do that if your contract of employment specifically allows you to. If it doesn't or if you haven't given a written contract it would be an unlawful deduction from wages

 

[ccp consultancy]

As he is within his probationary period, I would simply send him a letter saying something along lines of

Dear employee:

On (date) you left site and have not returned since. I understand that you have had (whateve concerns) and I once again am offering assistance (whatever you have previously spoken about). If it is your intention to resign, in order that we keep our records straight, I would appreciate if you could confirm this in writing. If I have not heard from you by (I would give 7 days) then I will assume that your resignation has taken place from (date they last worked). You will recieve payment for any monies owed and any holiday pay accured and not taken. If you have any company property please return this by (date).

Yours sincerely

 

[sean.browne]

sadly, in this crazy world, whatever you do you will probably lose if he takes you to tribunal for firing him.

 

[still learning]

I had an employee walk out, he later took me to a industrial tribunal and i lost ! he said i sacked him which was not the case at all. My insurance company said it was cheaper to pay him his £500 than fight the case. So make sure you you take the correct advise and dont just think to yourself good riddence.

 

[A City Law Firm LLP]

This can be seen as gross misconduct and permit you to dismiss him by written termination. If there is a potential issue where he could claim discrimination then you would need to play it safe and show you acted reasonable to discuss his conerns and troubles

However, no discrimination, no rights. Probation means you may dismiss them for poor performance - capability if he can't cope or miss conduct

You will need to terminate his employment in writing and pay him to date with entitled leave and notice. No notice required through if quote gross misconduct.

Any further issues arise give us a call 0207 426 0382

 

[Employment Law Clinic]

If an employee walks off site and doesnt return (without consent or knowledge) is this classed as a resignation.

Not necessarily.

what do i send him now i know hes not coming back?

How do you know he’s not coming back? Can you post a chronology of the events, what happened & when? If this happened today, assuming a resignation would be premature, and so too would be a finding of gross misconduct, as there could at least be a claim for wrongful dismissal.



Karl Limpert

 

[Bill Ryan]

Karl is right - more info needed here.