Re: Employee resigned then claimed to be fired

In article <HrmdnfBI3pBZ5rrZRVnyjA@xxxxxx>, I.A.A.L
<I.A.A.L@xxxxxxxxxxxxxxxxx> wrote:

[snip]
.....in a fit of
temper, she told me I wouldn't have to give her another warning as she
was resigning and in full view of other members of staff and one
customer, gathered up her belongings and left the salon.

Good and realistic advice from previous posters. Plainly trying to set the
disingenuous groundwork for a constructive dismissal claim.
Mind you I wouldn't dash quite so quickly to making a nuisance offer to her
to just go away.

The key to any case is evidence. Trite but so often forgotten.

Before doing anything at all further I suggest you speak to the other
members of staff who witnessed the incident, your dressing down and her
outburst. See where they stand. They may be helpful, they may not.
If their evidence is going to be that you went way over the top, screaming
and shouting at her and having a hissy fit in public in front of everyone
including the paying public to the prejudice of her reputation and causing
her to be humiliated (ie. her likely case.....) then settle now.
If they are positively helpful and willing to support you and put the knife
into her then you have a sporting chance*. They may well do, particularly if
they are the same people referred to as the two members of staff whose
morale you say was adversely affected by her previous shennanigans.
If they are unwilling to say anything to you one way or the other - and
don't forget they are put in a difficult position between your status as
their continuing employer v. their loyalty to a former colleague - then
assume their evidence is either not going to be forthcoming at all (helping
neither of you) or that it is liable to be in her favour and unhelpful to
your cause. And for heaven's sake be gentle in interviewing / asking them
if you rather than a lawyer does it - you don't want another couple of
constructive dismissal claims on your hands in addition.

Many thanks for the advice.
I have spoken to the two other members of staff and they have signed
witness statements - one saying that see didn't hear exactly what was
said, but saw the stylist gather her belongs and storm out - the other
who did hear what was said (ie, the stylist saying she resigned) and
then walk out.

Ditto and even more especially the possible evidence of the customer
witness. She has the benefit of being an independent witness with massively
greater credibility as a result. On the other hand she may not want to get
involved. Who knows ? If you don't ask you won't find out either way.

Unfortunately, because I didn't go over the top in speaking to the
manageress, my voice wasn't raised and so I doubt the customer heard
anything. She only saw the manageress leave the salon in a fit of
temper.

And get a move on. If you are being set up and she has taken advice then
she will be heading in the same direction to seek the support of her "old
mates you wouldn't let me down would you" from the salon and the customer if
possible.

On the contrary, there is no love lost between the staff concerned.
That's been a major part of the problem I've had to deal with - trying
to get the 'manageress' to actually manage the staff and get the best
out of them. Unfortunately, it's one of those situations where someone
has ended up as 'manager' by way of seniority, but has absolutely no
management ability.

One other thing, lists of customers and their details..... very important in
the hairdressing industry. Did she have / leave with her list of contacts ?
Stylists generally do try and take those clients with them. With a
substantial ready made and personally loyal client base to hand a stylist
can walk into another salon on terms. Without such information he / she is
just another bod with a pair of scissors.

Unfortunately, she didn't need to take lists of contacts. Most of the
clients are known to her personally - which is one of the reasons I
would never have sacked her on the spot, as she claims.

This could cost you more than a little in clients and turnover. So is there
a relevant restraint of trade clause in her contract of employment ? Fairly
usual in the trade for salon owners to try and extract / impose such clauses
for that very reason. Generally agreed to by juniors starting out while
gaining experience; resisted to the death by more senior staff building up a
potentially transferrable client base.

Yes, there is a clause preventing this in her contract, but I fully
anticipate her taking customers with her despite this. And anyway,
would this not be affected her claim that I instantly dismissed her?

Pray that your predecessors complied with the law and gave her a written
contract and that there is such a clause in it with her signature
underneath. If so then one hell of a counter-bargaining chip to have to
hand ! A stylist barred by injunction from contacting her former list of
clients is the proverbial fish without even a bicycle....

Good luck.


Thanks again...

* Get it in writing and signed. Doesn't have to be a work of art, take a
full and accurate note of what is said by the potential witnesses there and
then and ask them to sign it if they agree it to be an accurate summary.
Have it typed up and perfected later into witness statements if necessary,
all very well, but having something positive up front and to hand and signed
protects against them being got at and going hostile / back on it in her
favour.


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