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james bruce
james bruce, Solicitor-Advocate
Category: Law
Satisfied Customers: 5460
Experience:  Owner at James Bruce Solicitors
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I have an employee who is resigning without notice and

Customer Question

hi. i have an employee who is resigning without notice and looking for legal
JA: Where is your employee? It matters because laws vary by location.
Customer: ]its UK
JA: What steps has your employee taken so far?
Customer: scotland
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: she has written an email today, just after receiving her last months salary
Submitted: 22 days ago.
Category: Law
Expert:  james bruce replied 22 days ago.

Hello, I hope you are well. My name is***** am a solicitor advocate and  I will be assisting you with your question today. I am very sorry to hear of the problem you are experiencing and I will do my best to help you with this matter.

Sorry to hear this has happened.

There are remedies to this, if you really want to go to all the bother of pursuing them.

1. Bring a claim for breach of contract.

2. Obtain an injunction forcing the employee to remain on garden leave until the notice period is served.

3. If the employee has a new job, then obtain an injunction preventing the employee from working elsewhere for the notice period.

However, many employers would simply just let the employee go and put their efforts in to the business rather than pursuing the employee. After all, they could easily turn round and throw a sick note at you claiming stress.

Customer: replied 22 days ago.
I run a cafe and one of my supervisors had been showing signs of wanting to leave over the last few weeks from her. initially she complained of mental stress with the job and i had a discussion with her on how to resolve this by reducing her workload, changing her role to a lesser role, or reducing her work hours. she responded by saying she will be okay. less than 2 weeks after that, she waited for her salary to be paid earlier today then sent an email to say she was resigning without notice due to mental health
Customer: replied 22 days ago.
Whats painful is that we kept this employee on the payroll during the last lock down as she was not eligible for furlough and we didnt want her to be out of pocket and now shes repaying us with this after we helped her throught a difficult time
Expert:  james bruce replied 22 days ago.

I fully understand how you feel, you do your best by the employees but they treat you basically with contempt.

As advised the options above do apply, you could send her a warning letter that if she fails to follow the conditions of her contract then you would take action against her, but as advised, she is just as likely to go off sick for the notice period leaving to to pay SSP.

Expert:  james bruce replied 22 days ago.

Can I assist or clarify anything further?

Customer: replied 22 days ago.
Even if they throw a sick note in, can they legally go and work for another employer while off sick?
Expert:  james bruce replied 22 days ago.

An employee can claim sick pay from one job whilst continuing to work for another employer. This will only cause a problem if the employee is not medically unfit for their first job and/or they carry on their second job in the hours they would have otherwise been working for the first employer

Expert:  james bruce replied 22 days ago.

Thank you for using Just Answer and for allowing me to assist you with your legal enquiry. I am pleased I was able to be of assistance. Please do not hesitate to come back to me for further advice on this or any other legal matter. It will be my pleasure to be able to assist you again.