As an employer, you will eventually experience a disgruntled ex-employee. The problem with an angry former employee is they pose a risk to your business. Therefore, the sooner this situation is addressed, the better.
All employers should ensure they take the following steps:
(1) Arrange An exit interview with the employee
When an employee hands in their letter of resignation, employers should arrange an exit interview to allow them to understand their thoughts and reasoning behind the resignation.
In the exit interview, the employee should be reminded of their contractual duties whilst working their notice. For example, the employee may be reminded of clauses in connection to confidentiality and accessing company records.
If it states in the employment contract things they should not do when leaving the company, they should be reminded of this too and that the company will deal with any breaches.
(2) Ensure you have robust contracts of employment in place
Post termination restrictive covenants are contractual clauses which may be set out within a contract of employment. If this is the case, employers should use them when an employee hands his/her notice in.
The most common restrictions an employer may place on an employee who wishes to terminate the employment relationship are:
- General confidentiality clauses; these make it unlawful for the employee to disclose sensitive information about the organisation and its clients
- Non-solicitation clauses; this means the employee cannot approach the organisations existing clients when the employment has been terminated
- Non-dealership restrictions; such clauses prevent the employee from doing business with the organisations clients after they leave the employment
(3) Have everything documented
Since the Supreme Court made the decision to abolish tribunal fees in July 2017, employees can now bring a claim to the Employment Tribunal without that financial barrier. It is therefore extremely important that employers document everything to minimise risks associated with the Employment Tribunal. Employers should keep all important documents, including, the employee’s resignation letter and any minutes taken at the exit interview.
How can Employment Law Services (ELS) Help?
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