This week we were asked if an employee who walked out can pursue an unfair dismissal claim.
THE QUESTION
We had an employee walk out last month and we’ve heard on the grapevine that she plans to pursue an unfair dismissal claim. She didn’t give us any notice or tell us in writing.
OUR GUIDANCE
Although she walked out, it could be argued that her resignation was done in haste. However, as more than a month has passed, it’s unlikely this is the case. I’d recommend that you write to her acknowledging her verbal resignation, and confirm final date of employment, including final salary details, ensuring any holidays due to her are paid. You should also send her final payslip and P45. As you have heard on the “grapevine”. it would make sense to send the letter recorded delivery and you then have a paper trail.
She only has 3 months from the date employment ended to raise an employment tribunal claim. If she has less than 2 years service, then any claim would have to be based on a form of discrimination. The following characteristics fall under discrimination:
- age
- disability
- gender reassignment
- marriage and civil partnership
- pregnancy and maternity
- race
- religion or belief
- sex
- sexual orientation
YOUR TURN
Have you had to deal with a similar situation in your organisation?
Let us know by joining the conversation in the comments section below.
