Ex employee and internal communications

[letsgooutandfindsometrouble]

Already posted in another topic then found this and felt this one may be more help,

We recently regrettably had to terminate one of our employees contracts for gross misconduct.

Since this happened, the ex employee is threatening to show our clients a copy of the internal communications regarding them, ie them being somewhat difficult to deal with however probably wasn't worded as nicely.

Is there anything the company can do to prevent this from occurring? We cannot be held to random for terminating a contract due to the employees poor behaviour, yet also can't risk losing the client.

Have tried to contact ACAS but they aren't open until Monday morning

You need to speak to a lawyer, not ACAS.

If they are an ex employee they shouldn't have internal communication surely, it's not their property, do they have permission to have copied and kept them. Do you have a company lawyer. What a nasty thing to do. I am not a legal expert but it is not something I would ever do. Are they expecting you to employ them .

The employee refused to return his phone which had a copy of the internal communications on them.

We have since has the phone blocked so it can't be used but frustratingly they didnt so it on the first phone call to them and we had to call again an hour or so later which was more than enough time to have copied any info he required.

We do have a company solicitor and I will be calling her first thing on Monday.

Speak to a solicitor but they will suggest a settlement agreement where you pay the ex employee to be silenced

We have already agreed to pay him his 2 weeks notice even though we don't have to due to the reason being gross misconduct

Why agree to pay him notice?

Surely he'd be fucked trying to get a new job? Make it clear you're going to be very honest about this In any references given? Make sure you have proof though?
Not a lawyer though!

We agreed to pay him notice as we really were backed in to a corner with regards to firing him, it really wasnt something we had wanted to do, but unfortunately we were left with no option

I would email your company’s solicitor now. Send her a copy of the dismissal letter/email and also the employee’s contract and your handbook. I would think that a stroppy albeit short email to the ex employee from your solicitor would at least stall any problems over the weekend. If I were advising on this I’d be looking at contractual confidentiality provisions and also relevant post termination clauses. This won’t be something for ACAS.

Isn’t there anything in his contract about confidentiality??

Maybe you ought to pacify your client before they have chance to show the email and explain that he's been sacked for gross misconduct and out to cause trouble.

You could call his bluff and inform the client that they may receive information from a disgruntled and dismissed employee.

From a GDPR perspective surely there’s a risk the client could ask for any data held on them as well... sounds like a data cleanse is needed so they don’t get this data another way anyway!