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I have recently found out that an employee who took two weeks…

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I have recently found out...
I have recently found out that an employee who took two weeks off due to discovering she is pregnant has actually been working for a new employee ( a competitor) for two weeks without formally resigning from my company. am i legally permitted to contact her new employer advising them of the situation?
Submitted: 8 years ago.Category: UK Law
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Answered in 2 minutes by:
6/14/2010
Solicitor: Ben Jones, UK Lawyer replied 8 years ago
Ben Jones
Ben Jones, UK Lawyer
Category: UK Law
Satisfied Customers: 51,165
Experience: Qualified Solicitor
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Hi

 

1. Was the holiday taken as annual leave?

2. Does she have a contract that states she can't work for two employers or for a competitor?

3. How long has she worked there for?

4. Have they requested a reference from you?

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Customer reply replied 8 years ago

1. She asked for two weeks to allow herself time to think about if she would want to continue working or stay at home to take care of herself. So the answer to this question is no

 

2. yes

 

3.I understand she has been working for the competitor for about 2 weeks

 

4. no she hasnt requested a reference

Solicitor: Ben Jones, UK Lawyer replied 8 years ago
And is she still working for you? Also why do you want to contact the new employer to tell them that?
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Customer reply replied 8 years ago

She is yet to formally resign and when we contacted her a week ago to get an update, she reminded us she asked for two weeks. We would like to clarify the breach of terms on her part

Solicitor: Ben Jones, UK Lawyer replied 8 years ago
and finally - how did you find out that she has been working elsewhere?
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Customer reply replied 8 years ago
Through a contact who works in the same company as her
Solicitor: Ben Jones, UK Lawyer replied 8 years ago

OK, thanks. Technically there is nothing preventing you from contacting the other company, although you need to be careful about what you discuss with them. Obviously, you need to bear in mind your duties as an employer and ensure that you do not breach any data protection laws by giving out any personal information that you may hold on her. So don't discuss any terms of her contract, etc. In addition, you need to be truthful and not make anything up - in other words, make sure that you only discuss factual information so as not to open yourself up to potential negligence.

 

But this is best dealt with directly between you and the employee. If she is in breach of her contract then that could be a reason for dismissal although you need to be careful how you deal with that if she has more than a year's service as she will be protected against unfair dismissal.

 

Please press the ACCEPT button to proceed. You would then be free to ask any follow-up questions you may have. Thank you.

Ben Jones
Ben Jones, UK Lawyer
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Customer reply replied 8 years ago
Thanks
Solicitor: Ben Jones, UK Lawyer replied 8 years ago
My pleasure - good luck!
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