Can we dismiss the Parish Clerk abandoning the Council?

Question

The Parish Clerk stopped all communications with the Parish Council, switched off dedicated mobile phone, doesn’t respond to emails, ignores all attempts of the council to contact her for months. Was notified in writing of her need to submit a letter of resignation, so to allow the PC to appoint a new Clerk. No response, no resignation.

Can we legally dismiss the clerk for gross misconduct and abandoning the duties?

Answer 1

Was there a break down in relations before this happened? Could she be dead?

Just make sure you follow proper process and then of course you can sack her if she is behaving as you say. But if you don't follow the proper process to the letter then it could come back to bite you.

Comments

No, she’s not dead as she’s still attending other parishes as a clerk.
None of us are aware of any break in relations as one meeting everything was ok, next she was supposedly ill, and then no more comms were received.

Answer 2

A wise solicitor who I trusted implicitly once said to me "start from the inquest and work backwards".  In other words assume that whatever could go wrong, does go wrong, and get your act together!

In these circumstances I would be doing one (or both of) a) getting advice from ACAS, and/or b) getting an hour's advice from an employment law solicitor and acting on it.  That may be considered by some to be a waste of money ... but it could also be a prudent investment.

You need to be able to DEMONSTRATE that you have acted reasonably.

Answer 3

101% agree with ensuring you follow your legal and contractual obligations as an employer regardless of the employees actions or inaction in this case. Record everything ( and prove) every action and communication you make.

Answer 4

Send a recorded delivery letter, or better still, 'serve' a letter by dropping it at their feet during a meeting of one of the other councils (thereby achieving witness of service) which sets out the breaches of contract and the remedies required within a specified timeframe.

ACAS guidance is perfectly clear here:

https://www.acas.org.uk/unauthorised-absence

click 'next' twice to get to the section about dismissal.

Don't be panicked into spending money on legal advice, all the guidance you need is readily available and if they are continuing similar work elsewhere it's obviously not a 'concern for welfare' scenario.

If they Ian't working they ain't entitled to be paid...