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.

The company are at fault for allowing the situation to arise at all. They should always have others trained up to a degree, so they can step in in emergencies.

I don't blame him for taking advantage of their bad planning

Yep, you say "Sandra, training another staff member is a target to meet for your next appraisal next month. If you've not done that, I cant put you forward for a full bonus."

@Fetarabbit

Reading your recent responses is this a reverse? Would explain why you're so invested in it too.

No reverse. I'm supposed to be their replacement. I think they're being self serving. I am confident that I and the other involved colleagues know enough. This person is waltzing about telling anyone who'll listen how they've got company over a barrell etc. Just think they're a dickhead and don't want them to "win". I'm petty.

@MargosKaftan

Yep, you say "Sandra, training another staff member is a target to meet for your next appraisal next month. If you've not done that, I cant put you forward for a full bonus."

Bonus? LOL

We're lucky if we get % rises that match cost of living... but that's another issue 😁

@Hodgehog

You don’t you train 2 or more people at the same time. It’s pretty simple.

This person developed the procedure. There was no training course as such. Just training in how to develop a procedure, but not this specific one if that makes sense.

I think if I was management I’d ask them to leave with immediate effect and I’d pay for the database company to company before using the ex employee as a ‘consultant’ but then I’m a petty bitch 🤷🏻‍♀️

*database company to come it

So who trained the person who is leaving? That person or provider can train you too.

@AFewScrewsLucy you seem to have asked several times "how can they practically arrange for handover" - clearly the answer is that they can't. However, the company on the basis of what you've said absolutely can refuse to endorse the new business, will likely own the IP in the "procedure" anyway ( www.willans.co.uk/knowledge/does-my-employer-own-my-intellectual-property/) because it was developed in the course of business and funded by the company, and a smart co would have this in terms of employment anyway.

The short management answer to "can you physically make me do this" is obviously "no", The likely real answer is "Of course not, we will instruct lawyers that you are in breach of contract, sue for loss of intellectual property rights and terminate you with cause, if we find you have consulted with BigCompetitorCorp then we will enjoin them in the cases, or you can tell Sheila here how it works."

If they do ‘win’ and they do come back as a consultant to train you and colleagues make sure you grill them and drill down so they share enough information - they can’t be trusted.

In which case surely there should have been shadowing/training either at the time or as soon as it went into use incase this person left/was off sick/on holiday when it’s use was required.

Refusal to do this = disciplinary.

Yes the company should have had some contingency plans, but the employee is also being a colossal dick.

It would be pretty unusual if your employment contracts don't have a clause saying that work developed in work time is the company's IPR, so the employee doesn't 'own' this knowledge. If they refuse to train someone or document the process in the remaining 2 weeks, I would fire them, refuse them a reference, and put them on the 'do not rehire' list.

I would let the team that thinks they can figure this out do so, and I would never, ever hire the employee as a consultant. And when inevitably asked by prospective clients about the employee, I would tell them exactly what happened.

I'm a consultant and the vast majority of my contracts come from word of mouth and repeat business. My customers rely not just on my expertise but on my integrity and credibility. Don't fancy the employee's chances of starting a successful business if this is the way they start out!

It's still not 100% clear to me whether the employee is in the wrong, but after your comments on salaries, I suspect they're leaving because they feel poorly treated. Which probably explains the attitude.

You don't need to write a clause into someone's contract about a full handover; it's assumed in the standard 'and any other reasonable duties' clause.

If this is a reasonable request - it might or might not be, depending on the specifics - the practical way to enforce this is by suing the employee. It's not common in my experience, but it does happen when you part ways on such bad terms and one party reckons they can win.

In this case as it’s too late for that - as the company will own the procedure so the

Can sue*

Ah fair enough, you're not being petty and explains why as it'll directly affect you. Although you shouldn't have to be, I'd be proactive in collating and presenting 'evidence' to management that you can do the work, even if you need x training to do so- it'd be cheaper and better for them in the long run so wouldn't worry about putting in what development you need.

@KeyErro

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

I hope that the new company being set up to blackmail his former employer is an utter flop, he deserves it.

In answer to the OP's question about how to get someone to document processes, it should be built into performance planning and development goals.
My quarterly reviews require processes to be documented.
I also have a fairly unique set of skills which for some reason people are reticent about wanting to learn so when I'm away, there are problems but they are not down to me failing to train or document the processes. They are all there on an accessible forum and links sent out so I have not hidden them. Training has been done but people try to take the easy route of getting me to do it for them instead of trying to be self sufficient.

If this person's expert knowledge about the role has been acquired in whole or in part whilst they have been working for the company and is specific to the job being performed, then the employer actually has something called intellectual property rights over that expertise.

Someone I know did this and their work refused to take them on as a consultant.

This person is waltzing about telling anyone who'll listen how they've got company over a barrel etc.

Yes, and if the company are foolish enough to use them as a "consultant" they'll also be risking corporate confidentiality. Not usually a problem with most consultants, but almost certainly unwise with someone like this

FWIW I agree they should have had more than one person fully up to speed, but if they're allowing themselves to be "frightened" over this it sounds as if they haven't the sense

It won’t be that hard, the leaver is a massive dick.

Strange how they have been allowed to do this but seriously if they are walking a round saying ‘it’s so tricky’ then it really won’t be

The comapny have messed up and are going to have to employ someone to unravel this. It absolutely must not be the "consultant".

I don’t think your colleague is an asshole for not sharing a process they’ve developed themselves, for free. If the company needs this knowledge they have to pay for it. Or they have to trust that you can work it out, which at the moment they clearly don’t. Maybe you will get the opportunity to prove to them that you can once your colleague has left.

@User527294627

I don’t think your colleague is an asshole for not sharing a process they’ve developed themselves, for free. If the company needs this knowledge they have to pay for it. Or they have to trust that you can work it out, which at the moment they clearly don’t. Maybe you will get the opportunity to prove to them that you can once your colleague has left.

They haven't done it for free, it's what they were employed to do. Any work you create while working for an employer belongs to the employer.

Where the company went wrong was not ensuring they knew what the work was.