Case highlights ongoing headache of outgoing employees

Employers
cannot afford to turn a blind eye to the behaviour of outgoing employees,
according to employment lawyers Halliwell Landau.

An
NHS trust health worker who carried out a practical joke during his notice
period had a complaint lodged against him with the General Medical Council and
as a result his job offer was withdrawn.

The
employee had visited the hospital during a day off and reportedly displayed a
pornographic image with a colleague’s head superimposed on it on a computer in
the accident and emergency department.

The
colleague made a formal complaint and subsequent investigations alerted the
General Medical Council to the incident.

Michael
Ball, employment partner at law firm, Halliwell Landau, said the case
demonstrated that employers have a duty of care to protect all employees at all
times.

“If
an employee is offended by the actions of another in the workplace – whether
intentionally or not – the employer has to take action to protect that
employee,” said Ball.

“An
employer would be failing in its duties if it failed to react simply on the
grounds that the employee was leaving in any event.”

By
Roisin Woolnough

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