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I have a disgruntled former employee who has breached confidentiality

Resolved Question:

I have a disgruntled former employee who has breached confidentiality agreements (contacting clients and partnered organisations) and has been arguing copyright/ownership on items that our company has created. These arguments are completely unfounded and there are covenants clearly stated in his signed employment contract confirming this. Thankfully a strongly worded letter from our company has kept him quiet and we have hoped calmed the situation down.

He is now requesting copies of certificates of qualifications we organised for him to take while under our employee. He attended these courses on paid company time and additionally the company paid for the training in full. (i.e. First Aid training etc.)

Do we have to give him copies of the certificates or do they remain our property? As he has not been in our employ for many months can we simply explain they were destroyed when he left the company?
Submitted: 1 year ago.
Category: UK Employment Law
Expert:  Ben Jones replied 1 year ago.

Ben Jones :

Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today.


Even though you may have paid for the training, as the employer is the one named on the certificate they would still have the right to request it if necessary, even following the termination of their employment. However, there is no obligation on you to retain these certificates once the employee has left so if you have actually destroyed them then there is not much you can do and can suggest that they contact the training provider to obtain a copy themselves. Regardless of the above, there is no specific legislation that deals with this issue and this is the most common way of dealing with this.

Customer:

Thank you very much!

Ben Jones :

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Ben Jones, Solicitor
Satisfied Customers: 39018
Experience: Expert in UK Employment Law
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