We recently had an individual leave the company. The leaver process was not carried out effectively, in that the company was in the process of a major audit at the time (which the individual was involved in), and whilst efforts were made to sit down with her and carry out the return of assets procedure, she consistently found “other things to do”. As a result, her items were not returned on the day she left; indeed, she returned on a Saturday evening with no one around, accessed the site, and took her laptop away with her.
Subsequently, her manager left her a voicemail message asking her to return her equipment the following week and complete the exit process.
The individual then emailed the company with a tirade of “complaints” about the way that she had been treated leading up to her exit.
Parallel to this, and prior to her leaving, she raised the fact that a car allowance had been promised to her by previous management (no longer here). It turns out that there is indeed a letter on file signed to say she is entitled to it. We have been all through the car policy which says that she should have shown her driving license and presented a suitable car (she cannot drive), however, after seeing the letter I believe she should be paid it – which we now have done. The other query she has is regarding her holidays, there is one contract in her file which states 20 days hols, and another which states 25 days (the 20 days is scored out by pencil and 25 written above, not initialled or anything). Above and beyond this, she claims that she did not take her full entitlement – indeed she only took 4 days at Xmas plus 1 day personal entitlement which of course breaches the Working Time Regs. She has not brought up the fact that in the previous holiday year she was asked to carry 9 days over by management.

I just feel I am now getting drip fed information by this lady, and she is continually contacting me by email with more and more issues. I am very concerned that she is putting together evidence that she could utilise potentially in an employment tribunal.

Can anyone please advise me before I end up making a real mess of this situation:

1. Is the contract written on in pencil valid?
2. Should I meet with this lady face to face to resolve her issues – i.e. treat her emails as grievances?
3. Should I accept her recollection of events re carry over etc of holidays without there being anything on file?

Please help – sorry for the length of this mail!

Lesley
Lesley Keenan

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