ummm...need a little help/advice!

[lcg]

hi. i am asking this question on behalf of somebody else. this person has been struggling with mental health problems for some time and during a particularly bad episode, they resigned from their job suddenly via text or two. this person was employed by a public service (like the nhs or the tax office, for example) and their employers were fully aware of said health and other issues for some time (months - maybe 18-24).

the person is now appealing through acas and their union the employers decision to accept resignation in a time of clear distress/illness and (probably) in contravention to the terms of their employment contract. has anyone got any useful advice or opinions of the legalities involved and possible outcomes for his appeal. i'm sorry this question is so general in nature, but need to respect their current circumstances. any help would be appreciated. ta x

[karenmac60]

Are employers allowed to accept a text resignation? Mine won't even accept it if you text in sick.

[dotty.]

there should have been a letter asking them in to discuss their hasty resignation i understand.

[lcg]

hi guys. thank you for your responses. i don't know if any of you are able to provide links to any relevant details or legal stuff x

[lcg]

btw...i have to go and sort the house out before bed and i have work at 6am tomorrow. i will try and check in a bit later, but i don't know how long i can stay awake!!! keep the answers, suggestions and advice coming, tho - i would like to be able to talk to this person tomorrow if possible. cheers x

[askyourgran]

Why should an employer doubt that the employees intention to resign. If the person said "Enough us enough, I'm not up to the job any longer" why should they query his decision? The Department is obviously better off without someone who has been ill for a length of time, and his mental illness may affect the particular job he is employed to do, particularly in the public sector. Without knowing what the terms of the employment contract are I can't see what it has to do with it either. So now he/she has changed their mind and wanting the job back. This is business, no room for emotions, times are hard, someone who has probably taken a lot of time off work is not going to be looked upon favourably. Even if they knew the extent of the illness, why should they take him/her back now? Obviously the person needs treatment before being considered for employment again. Sorry if this sounds hard but this is purely an opinion not any kind of legal argument.

[parkie]

I think it begs the question, "If the employers knew of the state of mind of the person concerned for nearly 2 whole years, where was their responsibility as an employer?"
Surely any responsible employer would not have allowed any employee to continue working in the state of mind this particular person was in and HR should have become involved at some point I would have thought.
Sorry, this is just an opinion same as askyourgran and I would think this would be better dealt with under the'law' section of AB.

[baza]

I would suggest that as the union has been called in that it is left to them to deal with this, they will know how to form the appeal. A good union rep will be trained in basic employment law and have access to the unions library.
The post says that a contract of employment has been broken, it is up to the employer to prove that they are right which seems unlikely that they can.
This is my opinion as a retired union rep ( over 30 yrs).