As an expert HR consultant in Stratford on Avon, I’ll talk you through how to manage disruptive employees during their notice period to protect your business.
If you're like most business owners, you probably imagine an employee leaving your business will be a smooth, professional process. And for the vast majority of exits, that's exactly what happens. But what about those rare occasions when an employee decides to cause a bit of a stir during their notice period?
I've seen it all in my work providing HR consultancy services in Stratford on Avon – from employees badmouthing the business to colleagues, to actively encouraging others to quit, or simply neglecting their work.
These situations can quickly spiral, creating unnecessary stress and potentially harming your team's morale and even your client relationships. That's why having clear legal and practical options ready is essential, rather than scrambling to react in the moment.
The unexpected headache of an employee's notice period
When an employee decides to leave, you hope they'll continue to act professionally, tie up loose ends, and wish you well. But sometimes, a departing employee might become disruptive. This could look like:
● Poisoning the well: Actively spreading negativity or gossiping about the business and its leadership.
● Encouraging a mass exodus: Trying to convince other valued employees to jump ship with them.
● Downing tools: Neglecting their duties, failing to complete handovers, or simply showing a lack of care.
● Risky business: Potentially misusing company information or contacting clients in an inappropriate way.
These behaviours aren't just annoying; they can directly impact your bottom line, reputation, and the stability of your team. The good news is, you don't have to just 'ride it out'.
Your options for managing a tricky exit
Having a plan for a disruptive notice period can save you a lot of time, money, and hassle. Here are the main ways you can handle these situations:
● Keep them working normally: This is often the best approach if the employee remains professional and a proper handover is genuinely required. It maintains a sense of normality and professionalism.
● Address problems early: If you spot disruptive behaviour, don't let it fester. Have a direct, calm conversation about expectations and the impact of their behaviour. Make sure you document this conversation.
● Modify their role: You might consider removing client contact, restricting access to sensitive systems, or assigning them less sensitive tasks. This reduces the risk of harm while still keeping them employed during their notice.
● Use garden leave: This means the employee remains on your payroll but stays out of the workplace. It's a fantastic way to limit their influence and access to company information. To enforce this, you generally need a specific clause in their employment contract, but it can also be proposed informally if both parties agree.
● Pay in lieu of notice (PILON): This option allows you to end their employment immediately and pay them for their notice period. It's a swift way to remove a disruptive employee. Like garden leave, a contract clause is usually needed to enforce this, but it can also be suggested if the disruption is severe enough to warrant it.
The real cost of not being prepared
Ignoring the potential for a disruptive exit can lead to significant consequences for your business:
● Damaged morale: Ongoing negativity can quickly erode your team's spirit and productivity.
● Client relationship risks: Inappropriate contact or negative comments can jeopardise your hard-earned client relationships.
● Information security threats: Sensitive business information could be at risk if access isn't properly managed.
● Financial and reputational hit: A poorly managed exit can lead to legal disputes, recruitment challenges, and a tarnished reputation.
Proactive steps to protect your business
Prevention is always better than cure. Taking these practical steps now can save you headaches later:
● Update your contracts: Ensure all employment contracts include clauses for garden leave and pay in lieu of notice. This gives you the legal standing to use these options if needed.
● Create a clear leavers process: Develop a consistent process for handovers, returning company property, and revoking system access. This minimises risk and ensures a smooth transition.
● Train your managers: Empower your managers to spot and address disruptive behaviour quickly and confidently. Knowing how to handle these conversations can make a real difference.
Ready to explore how this could work for your business?
If you're looking to protect your business from the rare but impactful challenges of a disruptive employee exit, let's have a conversation about what's possible.
As an HR consultant, I've helped countless small business owners put practical steps in place that make a real difference, turning potential headaches into smooth, compliant processes that support their growth.
Book a confidential call today with an outsourced HR consultant in Warwickshire, and let's discuss how the right approach to employee exits could give you peace of mind and protect your valuable business.
