Ex employee threatening to show customers internal communications

[letsgooutandfindsometrouble]

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

it would be a data protection issue I think

Very difficult. The client is entitled to see every thing you hold on them, including internal emails. Of course they should ask you for them, rather than in the situation you’ve outlined....

What is the ex employee hoping to get out this? (Aside from making sure no one ever wants to employ them again!)

How about damage limitation? Call the clients, explain/apologise and take the power out of the threat?

In future, make sure everyone follows the Never Write It Down rule. If you need to discuss how difficult a customer is, do it verbally.

Did they sign an NDA? Check their contract.

Strengthen the relationship you have with client involved so that if they do see anything then there's a chance they will forgive you or not believe it.

I would speak to your company solicitor and get them to send a stiff letter reminding them that any documents they still have belong to the company and that they must not use them vindictively or maliciously to cause wilful reputational damage to the company. The solicitor may decide not to make any threats at this stage as to what would happen if they went ahead and disclosed those criticisms to the client, but just 'marking the employee's card" will be sufficient to make them think twice about doing something stupid. A legal letter is often effective, it sends a strong message.

For now, I wouldn't air any dirty linen in public by mentioning anything to the client. It may just be an idle threat by the ex employee anyway, saying something could turn out to be unnecessary.