I’m sorry but it’s just not working out between us
Painful words to hear, and not so easy words to say, wouldn’t it therefore be easier if we could just not say anything?
Surely when the phone stops ringing, the messages no longer come through, the writings on the wall, this relationship is over, but is it? What if their phone is broken or got stolen, what if they are ill and unable to contact us, what if they have gone away on some urgent business and are stranded overseas with no possible means of earthly contact?? As tempting as it is to stick our heads in the sand and tell ourselves it will all just go away, or it will all be ok in the end, in reality we just need that all important “closure,” and the best way for this to happen is to communicate that the relationship is now at an end, whatever the relationship.
So for example, if you are an agency and you employ an agency worker, when the agency workers assignment to another company comes to an end, do not just assume that the individual is not interested in further agency work, even if this is the reality, it’s the assumption that will come back to haunt you. This is the case even when the employee makes no attempt to contact you.
So then what happens when you receive a claim form for unfair dismissal? Well the Employment tribunal and Employment appeal tribunal both take the view in the case of Sandle V Adecco, that since the employer did not communicate a dismissal, and the employee did not communicate a resignation, then there was no dismissal, nor could one be implied by the inaction of the employer. The employment relationship was, therefore, still continuing when the employee brought her claim, she could not prove she had been dismissed, and her claim failed.
To prove dismissal, the employer’s unequivocal intention to dismiss must be communicated to the employee. Another point to remember therefore, is when you inform an employee they have been dismissed by letter, you should not state the last day of employment as being the date the letter was written, but the date it will be received.
For any further advice on how to address problems at work, then just give Howarths a call and one of our specialist and legally qualified team will be happy to discuss.
Telephone 01274 864999 and speak to Andrea or e mail firstname.lastname@example.org