Notice

[shoetreeworksop]

I have a member of staff who handed there notice in last week on wednesday whilst i was away on holiday, i always thought that you had to hand your notice in to your line manager? In my case i'm a small business and i'm the only one in charge, anyways she then texted me on the Thursday and told me she was leaving. Cause i thought i had to wait to have the notice in writing i informed i thought this was the case, i told her her notice would have to commence from the date i returned but she started an arguement over this and told me that she was leaving on that date and that was that, i told her not to bother working her notice period (which i knew i would have to pay her for if she didn't work) but i also thought she might be breaking her terms and conditions of her contract as she'd not actually resigned to me.

I have spoken to acas this evening and they told me that an employee has the right to hand their notice in at anytime, which is fine and i agree that they do, but the issue i have is surely if you hand your notice in you have to inform the person in charge? As if i was away on holiday for two weeks she would have left before i got back from my holiday therefore leaving me short staff!

[retailworld]

Generally, the employee only has to put the resignation in writing - most contracts do not stipulate anything further than this.

If you really wanted to, you could ask for proof of when it was 'received' - i.e. when it landed on your desk.

Or you could have gone the other route, saying "the notice period can only start when I've verbally/written to confirm(ed) I have received the letter"

Such is life - no point in fighting this one - just move on, recruit, and hope you find someone better!

[shoetreeworksop]

Thanks for that advice, i'm annoyed more then anything that she's caused such upset and ruined the last day of my holiday. I will move on the other thing which acas told me to do was that if anyone wrote to me asking for a reference was to save that she didn't work her two weeks notice. So think i may do that.

[SallyA]

Its amazing how some people will behave isn't it? Especially as they know your on holiday! I can't believe it! Unfortunately there isn't much you can do here except you have someone better for the job next time :(

Good Luck with it all :)

[retailworld]

But if you told her 'not to bother working her notice period', then I would not mention it on any reference request.

Simply give the dates she started/finished with you, and what her job role was. Leave it at that.

Frustrating I know, but you should put your energies into your business and finding a replacement - not worrying about the past.

[m8internet]

The notice to quit applies as soon as the employer has received it

If handed to you in person, then it applies then

If sent by post it applies as soon as they receive it, NOT when they open it!

I had to give an employer 1 weeks notice the day before they were going on holiday
I did advise I could delay it, but they decided against it as they knew I was leaving shortly for better work

If you refuse. or consider to refuse. to accept a resignation then the employee has the right to consider that as constructive dismissal and the emloyment contract is effectively terminated without notice
You really don't want that to happen!