Can you sack someone for resigning?
Discussion
Let me set the scene:
Fred joins company G in February in an IT managerial role on £50kpa as a permanent employee. The first six months of the contract are on a probationary period.
Fred came from a competitor and is highly thought of. He was paid a lump sum to join company G and makes such a good impression on his boss and directors that he is awarded a 10% bonus in April, the maximum possible. He also receives corporate days out with the company due to his good performance.
In May Fred is involved in a serious car crash. He is not at fault but suffers injuries that result in him being signed off work for 3 weeks by the doctor. The guilty party is prosecuted by the police for dangerous driving. Fred has to attend bi-weekly physio sessions due to his injuries throughout June and July.
When Fred returns to work in June he discovers that company G have been acquired by company B, a competitor that is approx 8 times the size of company G. It is widely regarded that all but the operational staff of company G will be made redundant as the workload will be absorbed into the current structure of company B thus providing economies of scale. No formal redundancy announcements are made as the integration is not expected to begin until September.
Several employees reporting to Fred resign due to job insecurity but these people can not be replaced as there is a recruitment freeze at company G. Fred has regular meetings with his boss to discuss how the workload will be covered.
In July Fred is offered a role with company M. He is still in his probationary period, he has never had any review meetings. Fred offers his resignation verbally to his boss and states that he will provide one months notice despite only having to provide one week. Fred lets him know that he will provide written notice later that day but he just wanted to be polite and go beyond the requirements of the one week notice period.
Fred's boss goes mental and begs him to stay, stating that he won't be able to cope under the current workload as Fred is aware that the company has a recruitment freeze. Fred declines the invitation to stay stating that he will provide written notice later that day. Fred's boss is far from happy with this and threatens to sack him unless he stays with the company until September. Fred's boss boasts that company M won't employ him if they find out he has been sacked and having this on record will also damage his job opportunities in the future.
Fred sticks to his guns and his boss tells him that he is to vacate the premises immediately and not to come to work during his one week notice period.
Fred's boss goes onto say that he will be sacked as the time he had off for his accident was unacceptable and therefore resulted in Fred underperforming. It will be put on record that he was sacked for underperforming.
Apologies for such a lengthy post but I have never come across this before therefore would appreciate a response to the question below from anyone with knowledge on such a matter or having been through a similar experience.
What repercussions could there be for the employer/boss in this situation?
Fred joins company G in February in an IT managerial role on £50kpa as a permanent employee. The first six months of the contract are on a probationary period.
Fred came from a competitor and is highly thought of. He was paid a lump sum to join company G and makes such a good impression on his boss and directors that he is awarded a 10% bonus in April, the maximum possible. He also receives corporate days out with the company due to his good performance.
In May Fred is involved in a serious car crash. He is not at fault but suffers injuries that result in him being signed off work for 3 weeks by the doctor. The guilty party is prosecuted by the police for dangerous driving. Fred has to attend bi-weekly physio sessions due to his injuries throughout June and July.
When Fred returns to work in June he discovers that company G have been acquired by company B, a competitor that is approx 8 times the size of company G. It is widely regarded that all but the operational staff of company G will be made redundant as the workload will be absorbed into the current structure of company B thus providing economies of scale. No formal redundancy announcements are made as the integration is not expected to begin until September.
Several employees reporting to Fred resign due to job insecurity but these people can not be replaced as there is a recruitment freeze at company G. Fred has regular meetings with his boss to discuss how the workload will be covered.
In July Fred is offered a role with company M. He is still in his probationary period, he has never had any review meetings. Fred offers his resignation verbally to his boss and states that he will provide one months notice despite only having to provide one week. Fred lets him know that he will provide written notice later that day but he just wanted to be polite and go beyond the requirements of the one week notice period.
Fred's boss goes mental and begs him to stay, stating that he won't be able to cope under the current workload as Fred is aware that the company has a recruitment freeze. Fred declines the invitation to stay stating that he will provide written notice later that day. Fred's boss is far from happy with this and threatens to sack him unless he stays with the company until September. Fred's boss boasts that company M won't employ him if they find out he has been sacked and having this on record will also damage his job opportunities in the future.
Fred sticks to his guns and his boss tells him that he is to vacate the premises immediately and not to come to work during his one week notice period.
Fred's boss goes onto say that he will be sacked as the time he had off for his accident was unacceptable and therefore resulted in Fred underperforming. It will be put on record that he was sacked for underperforming.
Apologies for such a lengthy post but I have never come across this before therefore would appreciate a response to the question below from anyone with knowledge on such a matter or having been through a similar experience.
What repercussions could there be for the employer/boss in this situation?
Fred should give his boss a few days to calm down and then have a word next week. In the cold light of day there is every chance his boss will realise he's been a bit of a tool. If not a quiet word with HR for Company G or Company M may assist.
I'd also start explaining to my new employers the current situation and that the extraction might be a little challenging but explain that Fred is working on it.
I'd also start explaining to my new employers the current situation and that the extraction might be a little challenging but explain that Fred is working on it.
In the first 12 months you are an unprotected employee and, broadly speaking, there doesn't need to be a reason to sack you.
I'd just be honest with the new employer and tell them what has happened, that your resignation wasn't taken well. The only power your existing employer has is if asked for a reference and anything said there has to be accurate.
I'd just be honest with the new employer and tell them what has happened, that your resignation wasn't taken well. The only power your existing employer has is if asked for a reference and anything said there has to be accurate.
Not 100% but if "Fred" had sent the resignation letter and had some evidence of the time that he did that, if he were later sacked he could take them to an employment tribunal (guide to doing so here: http://www.employmenttribunals.gov.uk/Documents/Fo...
As you say, if he is generally well thought of and has a demonstrable record of performance then I can't imagine that the company he is moving to would be too concerned about a bad reference because they can see the position he is in (assuming he explains it to them).
As you say, if he is generally well thought of and has a demonstrable record of performance then I can't imagine that the company he is moving to would be too concerned about a bad reference because they can see the position he is in (assuming he explains it to them).
If it is as you say the company has not got a leg to stand on. Speak to HR get it in writing that the resignation has been accepted.
Other than that get a lawyer onto them, restraint of trade, wrongful dismissal + defamation of character would be good starters.
The company will back down.
Other than that get a lawyer onto them, restraint of trade, wrongful dismissal + defamation of character would be good starters.
The company will back down.
Fred can't go to employment tribunal as he has less than 1 years service and hasn't been 'sacked' for an automatically unfair reason
The Law states you cannot force a person to work against their will ( anti slavery law) so the boss has no option but to accept the resignation
If the boss gives a knowingly inaccurate reference this is actionable in the courts and may amount to defamation for which damages are payable - as the boss would almost certainly not be acting in a manner condoned by the employers he might be personally liable
Fred should also speak to his boss's boss of HR ( if there are any) and explain what has happened
As Fred has already resigned he can't be sacked - you can't terminate a contract which no longer exists
The Law states you cannot force a person to work against their will ( anti slavery law) so the boss has no option but to accept the resignation
If the boss gives a knowingly inaccurate reference this is actionable in the courts and may amount to defamation for which damages are payable - as the boss would almost certainly not be acting in a manner condoned by the employers he might be personally liable
Fred should also speak to his boss's boss of HR ( if there are any) and explain what has happened
As Fred has already resigned he can't be sacked - you can't terminate a contract which no longer exists
Jasper Gilder said:
As Fred has already resigned he can't be sacked - you can't terminate a contract which no longer exists
Semantics but in this scenario the contract hasn't yet ended so can still be terminated within the notice period.I have been in situations where people working their notice are blatantly taking the p*** and have subsequently been dismissed.
Bad performance being placed on your file/record does not necessarily meam it will go onto a reference though. As already stated your main redress would be through the civil courts. Hope it all works out.
blindswelledrat said:
None of this really matters anyway-surely?
As long as he has a new job, he will suffer no loss as a result of this thus his method of departure is completely irrelevant.
OP has a new job and it will be standard pratice for this to be on a probationary period, perhaps subject to satisfactory references ... As long as he has a new job, he will suffer no loss as a result of this thus his method of departure is completely irrelevant.
Thanks for the input folks.
At present this situation has nothing to do with me but I was concerned about the repercussions for the company come September when this lands in my lap. I have subsequently found out that HR don't even have a signed contract of employment from Fred in their files!
I also didn't think that Fred had been treated fairly therefore I wanted to do the right thing by him despite the fact that he should be unaffected in the near term in his new job. I was wondering if this could cause him or the company a problem in the future if he required a reference thus igniting a bomb created by management that are no longer at the company due the impending redundancies.
It seems as if there is very little that Fred could do in response to this other than explain the situation to prospective employers.
Employers very rarely chase down references. Fred can truthfully say he resigned. If pressed, he resigned but they asked him to leave before his notice expired.
He will only have a problem if he has to do some silly like work for an investment bank and they go back six or ten years of reference checks. Chances are the his old boss would have left anyway.
He will only have a problem if he has to do some silly like work for an investment bank and they go back six or ten years of reference checks. Chances are the his old boss would have left anyway.
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