Employee question

[Number 5]

I have an employee that has by email informed me that she is going to start looking for another job as she feels that she wants to work less (for the same money) I have told her that I am not paying her same money for less hours. In her email she states that it is not a formal notice but it is her final decision that she we actively start looking for alternative employment, my response to this is that I have rather swiftly relocated her to another store where I feel she will be better supervised and not use my time to job hunt, it is within her contract that she can be relocated to another store within reasonable distance (in this case 4 miles away) on the same pay etc... I have also uninvited her to the next management meeting as I don't feel a soon to ex employee will have constructive input to the meeting. I have also requested that she has provided me with notice of when she intends to leave as I need to hire a replacement and I really don't want to do this whilst I'm still paying her, I would rather her provide a month, two months notice etc... so I can plan, hire and train her replacement however I have had feedback from another member of staff saying that she is unhappy with the fact that I've asked for some kind of notice sooner rather than later and that she is taking 'legal advice' to see where she stands this all seems a bit odd to me as she has told me that she is going to start looking for another job because she wants less hours for the same money yet when I agree that it is probably best for her to look elsewhere and ask for notice she starts making noise about 'legal advice' which makes she think she was trying to call my bluff into offering less hours same money etc... and when she doesn't get what she wants she starts getting 'legal' My question is do you think I'm right to ask for some kind of notice or should I just let her dissolve naturally?

Edited by Number 5 on Wednesday 16th January 21:03

[randlemarcus]

Moving her and disengaging might be seen as constructive dismissal, but given she has informed you of her desire to be employed elsewhere, I don't see what else you might have been expected to do.

I'd follow it up with something in writing, about how you would be sorry to lose her, but as she would like to work hours that are not in the interest of the company, etc, and remind her of her formal notice period. Oh, and that you will be sorry to lose her etc etc.

Try and make it painless, but expect an ET1 to arrive soon. You just have to try and conform to the right way of doing things.

[northandy]

You do seem to be pushing the constructive dismissal card yourself, tread very carefully.

This employee as pre warned you she is looking to leave, i assume she woud be expected to give notice (not that you can do much shoud she not) yet you have taken several steps that could look badly on you at tribunal.

You cant force her to hand her notice in, mentioning that already will do you no favours if it does go "legal"

You could have asked her why she wants to do shorter hours, you could have said you couldnt afford to have her work less hours for less money, and then started to prep for recruiting, so making sure any specific skills could be covered etc etc.

[phil-sti]

Seems a poor way to handle it, as said, moving her, then not including her in meetings and recruiting before she has official put her notice in is treading on thin ice.

[raptor600]

phil-sti said:

Seems a poor way to handle it, as said, moving her, then not including her in meetings and recruiting before she has official put her notice in is treading on thin ice.

It is a sorry state of affairs where using common sense means you are 'trading on thin ice'.

I thought we lived in a free market economy?

[craigjm]

So she has informed you that she is looking for another job and your reaction is to basically make her life more difficult and cut her out of the communications loop. Hmm, get yourself some serious employment law advice before you do anything else or rash decisions like that will cost you dearly if she is switched on.

[Countdown]

raptor600 said:

I thought we lived in a free market economy?

Employees have rights. Even thick employees

[phil-sti]

It's the perception if she was to complain. If she see's her arse at what he has done it can be interpreted as he is trying to force her out.

You have to be professional, sit down with her, tell her what she wants to hear "I don't want to see you go" etc explain that she still as a job to do and tat yo don't expect her to use work time to look for a new job and offer assistance were you can.

[northandy]

raptor600 said:

It is a sorry state of affairs where using common sense means you are 'trading on thin ice'.

I thought we lived in a free market economy?

Common sense would be responding the request with a no and a reason why, then working on being ready for them leaving.

Ive seen tribunals with a seemingly very clear outcome go the other way.

In my opinion the person saying they are going to leave probably really doesnt want to, theres something else behind it but ostricising them will only see them leave now.

[raptor600]

Countdown said:

Employees have rights. Even thick employees

This is why I work by/for myself!

[TurricanII]

I can't see it asked or stated - how long has she been with you? If less than 12 months then you can likely sack her with little ceremony required.

I am not a HR guru nor lawyer.

I believe you legally have to accept and consider requests for flexible working. https://www.gov.uk/flexible-working/making-a-statu...

I would suggest you have a review meeting where you discuss what she wants, what would work for her, and why does she need to do less hours (does she have health issues that you need to consider)? Take notes and send her a copy. Then you can respond to her (and say to the tribunal, if it happens) that you have considered her request and denied it for the following reasons.. This might also provide you with documentary evidence that shows she not make a request for flexible working, in case that is chucked at you out of the blue.

You also might gain some insight into issues for staff that might cause others to leave.

[craigjm]

What a lot of companies often forget is that ex employees have the power to either boost you employer brand or destroy it. People leaving telling people they were fked around when they were being honest about their intentions will only assist with the latter.

Personally I encourage anyone who works for me to be honest about their career and if they tell me they want to leave I do everything I can to help them. I would rather have someone leave with a positive experience than not.

[RicksAlfas]

Number 5 said:

or should I just let her dissolve naturally?

Ah yes, the old acid bath in the cellar. Best way I reckon OP.

[Number 5]

RicksAlfas said:

Number 5 said:

or should I just let her dissolve naturally?

Ah yes, the old acid bath in the cellar. Best way I reckon OP.

[Terminator X]

OP should have just ignored the person imho, there is nothing worse than that for an employee in my experience. They might never hand their notice in either btw, I'd not have pushed for it or moved them elsewhere as it will probably be seen as petty in a tribunal if it comes to that.

TX.

[Number 5]

Firstly thank you for the comments some of them have been very useful. Since my original post I have received an email from the employee wishing to raise a grievance because of her relocation and the fact that I have asked for notice to which I replied with by thanking her for choosing a professional approach towards a delicate issue, explaining that I will be sorry to see her go etc... within in the email I also pointed out that it is in her contract that she can be relocated to another store within reasonable distance and have also supplied her with a copy of her contract for reference.In addition to this I highlighted the fact I have made no changes to her salary etc... and I informed her that the decision has been made in the commercial interest of the business. With respect to the notice period I have made it clear that I am not requesting notice yet but I am asking for notice if or when she finds employment elsewhere of a minimum of one month to enable me/us to prepare for training a replacement for her role. Then finally I wished her the best for the future etc...

I have had a response which thanks me for my consideration, understanding and informing me that she will provide me with a minimum of one months notice once she finds employment elsewhere.

With respect to my decision to exclude her from today's management meeting I since to decided to cancel the whole meeting so that she would not be included or excluded as I was concerned after reading responses on here that it could be the wrong thing to do.

Edited by Number 5 on Thursday 17th January 22:14

[Number 5]

I have had a request from the employee asking for a day off next week for an interview unpaid which I have agreed to providing she can supply me some form of documentation confirming that she has an interview, is this considered an acceptable request?

[Terminator X]

You is one hard bd, do people work for you for long

TX.

[TurricanII]

Number 5 said:

I have had a request from the employee asking for a day off next week for an interview unpaid which I have agreed to providing she can supply me some form of documentation confirming that she has an interview, is this considered an acceptable request?

I would guess not. Your concern is whether they can have a day off unpaid or not. Can the business survive the day off? You already know what they are up to because they told you, and they are leaving which sounds like what you want. No need to antagonise them and encourage them into badmouthing you to other employees/customers/facebook

At the end of the day, it sounds like a simple case that they need a different work/life balance and they can't get that at your place, so try not to get fired up/aggressive about it and start interviewing for a replacement immediately!

You have already got one expression of thanks (for your consideration) from the employee. In many cases you might want this employee to train their replacement as best they can. It would not have cost you anything just to say "yes, no problem" to their unpaid day off, but if you give them a hard time then you can expect zero effort in training their replacement.

ETA: I would invite them to submit a three months notice so that you know for sure they are going and can take on a replacement. If they get a job offer then you can both agree to end the notice period early, so that (1) the employee can start their next job and (2) you can guarantee the replacement has a few weeks to bed in and (3) You can be sure that you are gonna get rid eventually, even if they don't find a job.

Edited by TurricanII on Friday 18th January 16:54

[JQ]

Number 5 said:

I have had a request from the employee asking for a day off next week for an interview unpaid which I have agreed to providing she can supply me some form of documentation confirming that she has an interview, is this considered an acceptable request?

IANAL, but I personally would consider it quite unresaonable. Either let her have the day off or don't, by asking her for proof you're effectively accusing her of lying to you about the job interview. What exactly do you think she's going to do with the day of unpaid leave if not attend an interview? Plus, she's now going to have to hand over documentation identifying to you who she has an interview with - I'd consider that none of your business.