Can we bring a claim against a former employee who has damaged the company’s reputation post-employment?
Posted in : First Tuesday Q&A NI on 7 September 2021 Issues covered: Reputational Damage; Grievances and DisciplinariesGenerally, the employer’s rights against the former employee would be limited to any contractual obligation which may have been breached. For example, if there is an express obligation on the former employee not to hold themselves out as an employee, the above situation will amount to a breach of the contract and the former employee can be sued accordingly.
However, an employer should carefully consider taking actions against former employees in this context as damages may be low, the employee may not be able to pay damages even if they are awarded and making a case in open court could draw further attention to the issue. Specific legal advice should obtained on this issue.
Already a subscriber?
Click here to login and access the full article.
Log in now to read the full articleDon't miss out, register today!
Are you fully aware of the benefits of Legal-Island's Employment Law Update Service? We help hundreds of people like you understand how the latest changes in employment law impact on your business.
Help understand the ramifications of each important case from NI, GB and Europe
24/7 access to all the content in the Legal Island Vault for research case law and HR issues
Ensure your organisation’s policies and procedures are fully compliant with NI law
Receive free preliminary advice on workplace issues from the employment team at Worthingtons Solicitors
Back to Q&A's This article is correct at 07/09/2021
Disclaimer:
The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.