Q Can a nursery employee be treated as having resigned if she has not turned up for a number of days?
A The failure of an employee to attend work does not necessarily amount to a resignation. While the approach of some employers is simply to treat the absence as a resignation, there is legal risk associated with this, particularly in relation to employees with two years’ service or more who qualify for the right to claim unfair dismissal.
For an employee to resign, they must usually give clear and unambiguous notice of the termination of their employment. In the absence of this, an employer treating an employee as having resigned and therefore bringing their employment to an end may be considered as having dismissed the employee. Since no disciplinary or other process has been followed prior to such dismissal, the dismissal is likely to be deemed unfair.
Register now to continue reading
Thank you for visiting Nursery World and making use of our archive of more than 35,000 expert features, subject guides, case studies and policy updates. Why not register today and enjoy the following great benefits:
What's included
-
Free access to 4 subscriber-only articles per month
-
Unlimited access to news and opinion
-
Email newsletter providing activity ideas, best practice and breaking news
Already have an account? Sign in here