Ex member of staff contacting our clients and workforce

cavework

We have an ex member of staff who is doing this.
This person handed in their notice for the first time 6 weeks ago . It was accepted but then they retracted it , tears , I'm so sorry ' I want to stay. So we allowed it but pointed out that the next time there would be no option of returning
4 weeks later this person again handed in their notice which was accepted but with the proviso that they did work their notice ( they had been with us for 5 years but very difficult to handle)
This person has now left , worked notice which is great but during the final week and since has been contacting our staff asking them if they would like to work for her in the new company she is with.
I think the deal was that she would bring the majority of our staff with her to the new position which she would over see .. This has back fired
Our staff are over the moon that she has finally gone as she was very manipulative and every one of them has said no .. I have just found out that she is now contacting ex employees who left over 12 months ago and who also really don't want to know . They remain on good terms with us , our clients are also getting calls and again do not want to know.
We are being very patient but where do we draw the line and can we stop this?

spacey2012

Short answer no, you pay the wages at the level you do because you can sack and hire at that level.
If someone has a better offer for trained staff, then your options are simple.
Pay more or watch them leave.

Why do employers think working is a one way street in their benefit only.
She is free to contact anyone she likes.
If this affects your business then you will have to up your game.

Savvy_Sue

You can put clauses into your t&c of employment to prevent this, if you hadn't done this not sure what you can retrospectively unless it amounts to harassment? In which case a 'cease and desist' letter from a solicitor might be well worth paying for ...

cavework

Why do employers think working is a one way street in their benefit only.
She is free to contact anyone she likes.
If this affects your business then you will have to up your game.

We pay a fair wage .. the company she has gone to has offered £10 an hour but only on site no travelling pay no holiday and zero hours contract. that is why our staff are staying with us, they get 4 weeks holiday a year plus bank holiday pay plus no weekend work plus a vehicle .Plus guaranteed 30 hours a week pay..
It is not all about an hourly rate
why is it always the employers who are in the wrong?
greedy staff who only look at the hourly rate then whinge when the £10 an hour for the new job ,really works out at about the minimum wage really get my goat....
Try running a small business

spacey2012

Well then you have no problem ?
Other than getting annoyed an ex servant is now a master.
The term for what is happening is Business.
It happens every day up and down the country.
Dog eat Dog.
If you are strong, you survive.

cavework

Oh we will , 10 years and still here and reputation now means everything.
I am just so fed up with people assuming that every person who runs a small business is robbing their employees left right and centre and living the life of riley ..
People who run small businesses are putting their whole life on the line, taking the risk and giving an income to others.
We are not all hard a**** grabbers.
Quit with the Sterio type and we don't submit to the dog eat dog ethos. thats why we are still in business

CC-Warrior

An ex employer of mine hired an external HR consultant who helped them to rewrite the contract to include clauses to prohibit this. I'm not sure whether any of it would have been legally enforceable though, there was some right nonsense in it!

spacey2012

CC-Warrior wrote: »

An ex employer of mine hired an external HR consultant who helped them to rewrite the contract to include clauses to prohibit this. I'm not sure whether any of it would have been legally enforceable though, there was some right nonsense in it!

Nope, some firms did try similar contracts, but they fall foul of the ECHR which over rules our laws.

Funky_Bold_Ribena

Your only mistake apart from not firing her ages ago was to let her retract her resignation.

cavework

TBH it's unfair on our employees for us to start adding clauses . I have worked for a Recruitment agency years ago and one clause in the contract stated you could not contact companies you had contact with during their employment for 6 months.
I had no need to but the clause was not worth the paper it was written on.
I am just so dissappointed that this person is trying this and ending up looking so stupid.
Also , why are the people who try really hard to create a business always tarred with one brush as being unfair employers who are only out to take advantage of their employees?

spacey2012

Probably because when people leave you wish them all the best, not try to destroy them because they do not want to work for you any more.