Practical advice from an HR consultant in Dorset on protecting your business when an employee leaves on bad terms

Most employees work professionally right up to their final day. They complete handovers, tie up loose ends and leave on good terms. But occasionally, things go differently.

You might find yourself dealing with someone who is openly negative about the business, stirring up colleagues, or refusing to do their job properly because they have already mentally checked out. When that happens, you need more than hope that they will behave, you need clear options that protect your business and your remaining team.

Why notice period behaviour can change

Some departing employees feel they have nothing to lose, especially if they are leaving under difficult circumstances. They may be frustrated about workplace changes, unhappy with how they have been treated, or simply disengaged because their focus is already on their next role.

The problem is that their behaviour can cause lasting damage. It can:

  • Lower morale among good employees

  • Distract the team from important work

  • Undermine client relationships

  • Trigger further resignations

Your options for managing difficult departures

How you respond depends on the seriousness of the behaviour.

1. Have a direct conversation

Address issues quickly. Explain what needs to change and set clear expectations for their remaining time. Keep a record of the discussion in case further action is needed.

2. Adjust their responsibilities

If morale or work quality is suffering, move them to less critical tasks. Reduce access to sensitive information and remove them from client-facing duties.

3. Use garden leave

If their presence risks damaging relationships or influencing others negatively, garden leave allows them to stay employed and paid without coming into the workplace. This works best with a garden leave clause in their contract but can sometimes be agreed informally.

4. End employment with payment in lieu

For the most serious situations, you can end their employment immediately and pay them for the notice period. This should be supported by the right contractual clauses but can also be agreed mutually.

Preparing your contracts and processes

You cannot predict who might cause disruption, but you can make sure you are ready if it happens.

Key contract clauses to have in place:

  • Garden leave provisions

  • Payment in lieu of notice

  • Confidentiality and non-solicitation terms

  • Procedures for returning company property and transferring responsibilities

Practical processes that work:

  • Structured handovers for all departures

  • Immediate removal of system access when needed

  • Clear steps for collecting equipment

  • Regular check-ins during notice periods to spot issues early

Protecting your team and business

How you handle a disruptive departure sends a message to the rest of your team. They need to see that you are in control and committed to maintaining professional standards. Be open about changes to roles or responsibilities, without sharing personal details and reassure your team that the business remains stable.

When to get professional advice

Difficult departures involve employment law, contractual rights and potential reputational risks. The wrong move can be costly.

We provide HR consultancy services in Dorset, giving you access to an experienced advisor who can help you act quickly, legally and in a way that protects your business.

If you are facing a difficult departure now, or want to make sure you are prepared for the future, let’s have a confidential conversation about how outsourced HR consultant services in Dorset can help you handle these situations with confidence.