Termination of an employee for gross misconduct

Date of Case:July – October 2020

Key Issue(s):

Termination of an employee for gross misconduct and enforcement of restrictive covenants

What We Did:

We were instructed on behalf of the employer to advise in relation to the correct procedure to be followed to deal with an incident of gross misconduct to safely dismiss the individual concerned. We also assisted with the subsequent enforcement of restrictive covenants, including agreeing undertakings with the new employer and recovering the legal costs my client incurred in taking enforcement action.

Scope of Work:

IT and Communications company. Employment Law.

Case Details:

A sales associate employee had been covertly working for another competitor company at the same time as working for our client.

Upon discovery the employee was informed and promptly resigned claiming unpaid commissions.

We assisted the client in undertaking a disciplinary process which involved holding a virtual disciplinary meeting to terminate the employee’s contract, which superseded the resignation.

Thereafter, we assisted the employer in reaching a resolution regarding the dismissed employee’s contractual claim to commission.

Following termination, we assisted the employer with enforcing the restrictive covenants in the former employees contract by securing the delivery up and destruction of the employer’s confidential information.

We also secured undertakings from the former employee and his new employer to honour the restrictive covenants.

Finally, a repayment of our client’s legal costs was also secured.

Process:

In dealing with the gross misconduct issue, the employer was advised how to follow a fair procedure under English Employment law and execute a disciplinary meeting.

In recovering the confidential information of the employer, we wrote to the former employee and the new employee, setting out the information that should be returned and destroyed. We advised the client was kinds of information and documents would be classed as belonging to the company and its confidential information.

In dealing with the restrictive covenants, court action via an injunction was threatened if undertakings in an acceptable form could not be agreed between the parties.

Outcome:

The employee concerned was terminated. Undertakings were agreed with the new employer and former employee in respect of the restrictive covenants. Legal costs incurred were recovered.