Pictured: Kate Jones
A Midland lawyer has warned the region's disgruntled workers to
'think before they jump' after research revealed a quarter of the
UK's workforce is unhappy at work - with a third seriously
considering their future.
The advice comes from lawyer Kate Jones, an employment
specialist at Worcester law firm MFG Solicitors, who in a message
to the region's employed, has spelled out the legal dos and don'ts
to those considering resigning from their jobs.
Ms Jones has spoken out after a recent poll of 1,000 UK office
workers by recruitment firm Badnoch and Clark highlighted that over
20 per cent of workers are unhappy in their job, whilst over a
quarter wouldn't recommend their employer.
She said: "Employee engagement levels are dropping and I
regularly meet people across Midlands who have resigned from their
job without a second thought for the future. It may seem incredibly
obvious but resigning from any job needs thought and careful
planning because once a resignation has been submitted it cannot be
withdrawn unless the employer agrees to a retraction or the
contract of employment allows it.
"First and foremost workers must check every detail in their
contract of employment as this holds vital information such as
notice periods and procedures which must be followed. It's also
wise for employees to put a resignation in writing so there is an
audit trail and no room for misrepresentation should an employee go
on to commence a claim in an Employment Tribunal. Those are basic,
but vital steps which will help people to leave in a professional,
timely manner and not in one which may result in an expensive
dispute.
"Unlike the recent high profile resignations we've seen in the
wake of the phone hacking scandal, there are very few workers
across the West Midlands who have the luxury of a financial cushion
when they resign. Unfortunately many take that drastic decision
without fully understanding the necessary legal steps or having
other employment options.
"This recent survey has highlighted a larger-than-expected
percentage of workers in the UK who may be considering leaving
their job and there will certainly be a number of West Midlands
workers who fit within that category. It's important that anyone
considering their resignation protects themselves by being aware of
the legal process and the options available."
Ms Jones, who regularly advises workers on a variety of
employment matters, has set out a helpful five-point legal
'checklist' for workers who are considering resigning from their
job.
1. Do always review the content of your contract of employment
and company handbook prior to making any final decisions. Some
contracts may provide a resignation procedure.
2. If there is no contract of employment, the minimum notice for
an employee who has been employed for 1 month or more is 1
week.
3. Employees must have a minimum of 12 months service with their
employer to commence a claim for constructive dismissal through an
Employment Tribunal.
4. Once an employee is a position to resign, it is always
advisable for that resignation to be submitted in writing.
5. If an employee determined to resign, it is advisable to raise
a grievance first and follow the employer's in-house grievance
procedure. It isn't a legal requirement but could iron out any
issues; however, in any event, it will show any resulting
Employment Tribunal that they have taken reasonable, professional
steps.
For more information about MFG Solicitors, please visit their
website here: www.mfgsolicitors.com