Booking a return flight?
An interesting case in the USA is reported to have seen 38 year old Air Steward Steven Slater walk out of his job with US Airline Jet Blue in the heat of the moment following a row with two female passengers and their luggage.
This case has been the focus of much media attention, not least because Steven Slater has been given hero status by some, gaining some 20,000 followers on Facebook.
At the end of his duties on-board flight 1052 from Pittsburgh to JFK Airport, Slater is reported to have announced over the plane’s intercom system that he had “had it” and cursing the passengers who he had recently experienced conflict with whilst onboard. He is then reported to have proceeded to grab some beer from the plane’s gallery before taking a grand exit down the plane’s emergency slide.
Whilst Slater is now reported to be facing criminal charges for his actions, we have taken this opportunity to speak with Brendan Wincott, mhl support’s Employment Law Compliance Officer, to see what employment law implications would be involved with actions such as those reported to have been taken by Mr Slater.
When speaking from mhl’s head office in Newcastle-under-Lyme, Brendan explained that “frequently we will see employees resign from their jobs in the heat of the moment. Many never come back with a number taking matters to an employment tribunal for constructive dismissal, but others will come back with their tails between their legs asking to retract their resignations.”
When we asked Brendan if employees have a right to retract their resignation in these circumstances, Brendan explained that “in some instances yes they do ... most typically employees have a right to retract a resignation after a reasonable cooling off period where this was submitted in the heat of the moment. If an employee goes to the trouble of writing out their resignation, this is unlikely to be in the heat of the moment, whereas in cases like this latest one for Slater, this most certainly could be a circumstance where Slater is allowed to retract any resignation later that day.”
Brendan commented that “we don’t normally see employees storm out from their jobs in such a dramatic fashion as Slater did, and whilst I would not condone such actions, I can see how he has gained the support of many who would praise such actions.”
Brendan went on to explain that “even if Slater was to retract any resignation, which in circumstances like this may be his right, I am sure that employers who find themselves in similar situations are likely to want to take disciplinary action against him not least for his alleged actions in taking the beer that belonged to the airline when he left.”
So as Brendan explains, whilst thought out and well considered resignations are unlikely to give rise to a right to retract, heat of the moment resignations certainly can be retracted.
If you have a situation where one of your employees has resigned from their job in the heat of the moment, and are an existing client, please call one of the team today on 08453 100 999 quoting your PCN number to discuss the situation with one of our employment law specialist. If however you are not yet a client of mhl, but are interested in learning more about the services mhl provide, please call Katy Vaughan today on 08453 100 600 for your free no obligation quote.
This News Release is intended to provide a general overview and discussion of the subject matter. It is not however, intended to give advice or to act as a substitute to taking legal advice from our Support Line in any specific situation. Mhl accepts no liability or responsibility for the information contained within this news release. If you would like specific advice about this subject matter, please contact one of the Employment Law Team today on 08453 100 999.
