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Jenny, Solicitor
Category: Law
Satisfied Customers: 6430
Experience:  Qualified Solicitor specialising in Employment Law and general legal matters. Please start your question For Jenny Only
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A weekly paid administrator has given one months resignation

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A weekly paid administrator has given one months resignation notice. This person has gone above her station in the managements eyes as she insists she has the right to interview and appoint the person suitable for the position. As trustees of a Charity Commission the officers are saying we are responsible for employing staff. My self as treasurer with Chairman and Vice Chairman make up the committee. Are we correct??
David Gillard
Hello my name is ***** ***** I am happy to help you today.
Who is normally responsible for recruitment within the organisation?
Customer: replied 2 years ago.

The management committee as explained consist of Chairman Vice Chairman and Treasurer. We are the committee who interviewed her for the post three years ago.

Ok thanks, ***** ***** actually purported to take someone on or has she just said she believes she has the authority to do so?
Customer: replied 2 years ago.

She says she has the authority to do what she wants.

Well that's simply not true, has she actually taken someone on?
Hi has she actually recruited someone or is she just saying she will?
Hi it would be helpful in order I can give a full answer if you would answer this question as to whether she has actually taken a new person on or not.
However I will proceed with out this information.
She does not have authority to recruit. You should tell her that she has no such authority and she cannot purport to have it. You should say that this is a direct management instruction and that it amounts to gross misconduct if she does.
In the event that she has taken someone on you will need to write to them to say that she had no authority in law to make such a decision.
If she is going to cause trouble you could consider paying her in lieu of notice and asking her to leave with immediate effect.
If you have any further questions please do ask.
Jenny and other Law Specialists are ready to help you
Customer: replied 2 years ago.

Thank you for the answer. You have answered my question fully.

I have no idea why I did not get your reply last evening.

Once again many thanks.

David Gillard

No problem David, these things happen.
Please can you give this answer a positive rating so that I can be credited. It would also be useful if you would put something on the other question to remove the negative rating if possible so that I am not adversely impacted by that feedback.
If you have any further problems with this employee I will be happy to help you.
All the best.