Ask Alan - Employment Law Q and A

Salisbury, Amesbury, Andover Commercial Solicitors

Q. Can I rely on the verbal resignation of an employee? 

A. Yes it certainly is  legally binding but if it is subsequently disputed, the risk is that you may not be able to prove it. It is much safer if you get the employee to confirm the resignation in writing and you then write back accepting it. Best of all make it clear in your staff handbook that all employees are expected to submit resignations in writing , and that such resignations aren't confirmed until they do so. 

Q. Can I require an employee to work from a different location?

A. Yes, provided you include a properly drafted "mobility clause” in an employee's contract -- and then give sufficient notice to the worker of any change.

Q. Do I have to pay an employee if they go absent without permission?

A. No, you don't have to pay workers for any unauthorised absences, unless there are exceptional reasons. By not turning up for work, they put themselves in breach of a fundamental part of their employment contract . It is best to make sure your employment contracts include policies concerning absence , whether due to sickness or otherwise, and turning up late for work. You may also want to consider putting a limit in the contract of employment on the number of sick days you actually pay for.

Alan Jenner is an employment solicitor with Salisbury law firm Bonallack and Bishop

If you would like further details then please contact Alan Jenner or tel: 01722 422300.

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Employment Team

For further Employment Law advice at our Salisbury or Andover offices, contact our Employment Law Solicitors:

Salisbury and Andover Offices:
Alan Jenner
view Employment Solicitors profile
tel: Salisbury (01722) 422300
email: Alan Jenner