To think that refusing to do an handover so you can be called back as a consultant is a dick move?

[AFewScrewsLucy]

Colleague handed in notice. And has outright refused to do a handover of knowledge, because they wants company to keep them on with a retainer and consultancy fees. so when a particular procedure happens, the company would have to being them back and pay them to do the work? They are leaving to start their new business in consultancy for this procedure.There is a member of staff that will be taking the role on and the procedure is quite specific to the company.
Is this person a dick, or that's just how business works etc.

Hmm, can't help but think company is at fault here. Treat the employee well, train more than one person in the processes, ensure proper documentation is in place... Any of these would have prevented this problem. Wouldn't do it myself but can't fault the person for not giving their knowledge away easily

It's the company's fault. Employee has a skill, they should be rewarded for it.

They are being a dick but why hasn’t the company ensured several people are trained up?

Why is only this person able to do it?

Can’t really comment too much on the colleague without knowing more about the procedure, skills needed etc but the company have hugely effed up by not having a back up plan. What would they have done if the colleague was hit by a bus or something?

Im on side with the consultant here tbh

But how was company supposed to force then to share knowledge? Because given for this form,they just wouldn't have done it...? And would have just done what they've done and handed in notice and refused a handover...

Good for them.

They saw a flaw in the companies training because they only had one person able to do this, and have taken advantage of that as they are setting up their own business.

@AFewScrewsLucy

But how was company supposed to force then to share knowledge? Because given for this form,they just wouldn't have done it...? And would have just done what they've done and handed in notice and refused a handover...

But how did they get this knowledge? The company should have had a second person training alongside them.

Company should have had clear contingency plans to include process notes. Line manager should have ensured employee kept those up to date and ideally that someone else shadowed employee in case of run over by bus scenario.

Company could get own back though by employing a different consultant.

@AFewScrewsLucy

But how was company supposed to force then to share knowledge? Because given for this form,they just wouldn't have done it...? And would have just done what they've done and handed in notice and refused a handover...

They arrange training and if he refused then they disciplined him. A good while ago.

A good company wouldn't have only one person who knew how to do something.

How much loyalty does your company show to employees? Or does the company do what's best for them? Not sure why you expect him to do what's best for the company and not himself.

How does this get done if he is on holiday? Out of the country?

@DeepaBeesKit

It's the company's fault. Employee has a skill, they should be rewarded for it.

What?

Some people do take advantage of employers that don't have the foresight to ensure that info around specific procedures are not retained by just one person, yes. By the sound of it, it isn't a qualification the person brings to the table necessarily, but knowing how to do a particular thing that formed part of their job? Hopefully the employer will take the chance to come up with an alternative way of doing it rather than be blackmailed into taking someone on as they've purposefully left without sharing. Some have stuff in contracts saying you can't work as a consultant with us for x months/years which seems sensible.

I can’t buy that this is so specialised someone else can’t learn to do it. Otherwise how is it a viable business?

Either someone else can be hired or an existing employee will learn.

I would on principle not have them back if they’d refused to do a handover.

@TyrionsNextWife

Can’t really comment too much on the colleague without knowing more about the procedure, skills needed etc but the company have hugely effed up by not having a back up plan. What would they have done if the colleague was hit by a bus or something?

Tbh, if they were run over, there are colleagues that know enough to sort it out. might take about longer first time, but that's it. Because absolutely no one is irreplaceable. However, they have convinced most of management that they know the procedure. We are furiously trying to convince them that it's fine. But the leaving Person is going round saying that they are self-preserving and will not share knowledge. So you're left with management having to either believe them or the colleague replacing them. We're doing everything we can to convince management that they aren't as good as they think they are if you see what I mean? But that's a bit of an side I suppose. Just wondered if they were the asshole here or I'm bias and wrong and that self preservation and chucking us under the bus a bit is the 'right' thing for them to do.

Company may have taken their eye off the ball but I would not hire this person as a consultant

It sounds like your management are rubbish!

@asteroommatus Discipline him...how...by firing him? And him not sharing that knowledge...???

What does their contract say? Or your HR department? Because if they are working (presumably they’re still in their notice period) and their employer issues them with the instruction to train x or y in a company procedure I’d argue refusing an (apparently reasonable) instruction is breach of their employment contract. Additionally, are they breaching any confidentiality/non compete type clauses in their contract by setting up this consultancy? Whether it’s worth pursuing as an avenue is a different story though.

Hard to say without more info, but I’d certainly not assume employee was in the right.

Perhaps the company can pay a one off fee for training.

It is a dick move IMO and not really a smart one. The company will only pay them for a minimum amount of time until they can get something more sustainable set up and being self employed relies a lot on word of mouth and your reputation. He/she/they would have been better off being generous with their time and knowledge - it would have left the relationship positive and people on the same field tend to talk (may be not in this case), who knows how much business might not go their way if they have soured this relationship.

I assume the company trained them. The knowledge they gained really belongs to the company - not legally I guess - but morally. It lacks integrity what they have done. I wouldn’t trust them or use them unless I had to.

Can you put it into a sort of example. Is it like only this colleague knows how to do a specific formula on excel so even though others might be able to wrangle around excel and come up with something only this colleague knows the specific formulae?

I'd say they're being dickish about it especially if they're really going around the office saying they are 'self-preserving' like a jar of pickled gherkins

[quote AFewScrewsLucy]@asteroommatus Discipline him...how...by firing him? And him not sharing that knowledge...???[/quote]
No. When employees start they should have regular reviews where the job expectations are set. This should include documenting procedures if none exist.

621CustardCream438

I wondered about breach of contract too but then couldn’t imagine how they would help as they are leaving anyway? Sue them? I have no expertise in law so no idea.

*how that would help.

Company is in the wrong for only having one person able to easily do this, and for waiting until they resigned to consider training someone else up. Poor planning.