One of our employees handed in his notice and worked the appropriate notice period, he was asked to complete his ongoing work and leave a handover package on leaving. He texted in the day before he was due to leave saying that he was taking sick leave on his last day, but it was plainly obvious he had planned this since he had already made enquiries about sick leave, he had confirmed when he got paid and his desk was that clean it was obvious he had never planned on coming in.What I want to know is there anything we can do legally to get him to come in and complete his obligations to the company it will take a couple of hours for this process. have already had two enquiries about his workload that I am completely in the dark about. The only lever I have at the moment is his P45 which I am intending to tell him he needs to come and collect we are not going to post it too him as a way to get him to come in..Is there any other leverage we can use to pursuade him to come into the office?
Thanks for your question. Please remember to rate my answer SMILEY FACE OR ABOVE so that I am credited for my time.Legally no.If he has left, you can not force him to work. Legally you can not with hold his P45.This happens quite a lot where people leave early.You could in theory sue for breach of contract, but unless he is a high paid executive with a powerful position that would cause you loss, then it would not be worth it.The Court would simply order at the highest that you do not have to pay him for the day.I realise this is frustrating but legally there is very little you can do.I am sorry if this is not the answer you are looking for but based on what you have said, this is the legal position. Please remember to click *** SMILEY FACE *** or above so that I am credited for my time. Thank you. Important: If you feel the need to rate as one of the lower two scores, it counts as negative feedback so please reply to me via the REPLY with any further questions you may have. I will be happy to assist you further.
I'm just following up with you to see how everything is going. Did my answer help?UK-Justice
Yes thank you your answer confirmed what i thought.
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