HR Advice?

[melv]

Friend of mine has had member of staff resign after thirteen years. No great shakes, but a disciplinary was brewing so assume she jumped before pushed.

However, she has taken company laptop, a book with useful numbers i.e. heating engineer, water chiller supplier, plumber etc....and has the password for a company e-mail account that she was using for private mails.

So where does my friend stand? -I said just report it as stolen!!

The ex employee will sign on and my friend has been advized that despite the fact she has resigned, Job Centre will prob suggest she goes for Constructive Dismissal!!!

Any feedback from the PH collective in the know or who have had it happen appreciated. Friend is obviously talking to company insurers who give free legal advice....

[JustinP1]

Not sure about the 'Job Centre' advice.

For some reason they like people to sign on the dole... I had a young employee leave on zero notice to bugger off to work in a bar in Tenerife for the whole summer. When they returned they went to the job centre and got the dole backdated to the date they 'left' us, as she said she left the job for 'medical reasons'...

I wouldn't worry about a constructive dismissal case where the employee has not even come to a first disciplinary. Just keep things nice and formal. Write a letter wishing her all the best, and if she changes her mind about working for you in the future to let you know. This counters any 'bad blood' allegation later - regardless of what the truth is. Then list the company property you want back in the next week.

Job done.

[Timja]

melv said:

Friend of mine has had member of staff resign after thirteen years. No great shakes, but a disciplinary was brewing so assume she jumped before pushed.

melv said:

The ex employee will sign on and my friend has been advized that despite the fact she has resigned, Job Centre will prob suggest she goes for Constructive Dismissal!!!

In order to reduce the risk of a Constructive Dismissal claim, I would suggest sending a letter to show that you gave the employee a chance to consider their choice and that you havn't accepted their resignation too quickly when they could possibly have made a decision in the heat of the moment:

You do not say how far the pending disciplinary had gone, but if there are outstanding issues then another letter is for use in circumstances where the employee has resigned and has either lodged grievances or intimated that they are going to do so or there is a potential constructive dismissal claim:


Because of the potential claims it is important to send either letter out twice, i.e. by recorded/special delivery and first class post with a certificate of posting.

melv said:

However, she has taken company laptop, a book with useful numbers i.e. heating engineer, water chiller supplier, plumber etc....and has the password for a company e-mail account that she was using for private mails.

What does their company handbook/contract say? ours says something like: upon termination of your employment you must return to the company all documents, software, equipment, vehicles, company property and other materials (including copies) belonging to the company or associated companies, business or client containing confidential information. Of course this may help get a laptop back or the book, but if someone really wants to take details of e.g. suppliers it would be very difficult to know they had it if they had copied it for example. With the emails, can they not just change the password or delete their username?

I have sent you a message with example letters. Hope that helps!

Tim.

Edited by Timja on Monday 3rd November 12:58

[melv]

Thanx for feedback chasps.........

Just got this reply from my friend:

"She wants to buy the computer & sent me an email by using the official email account which she still has....."

[BigAlinEmbra]

Shut down the e-mail address!