One of our reps resigned. He has to work 3 months notice as per his contract. He wanted to take 16 days holiday (the remainder of his entitlement for the full year). He was advised that he was only allowed to take a further 8 days, being the remainder of his accrued entitlement.

He works in a specialised field and has projects which are running.

We told him that we wanted him to train his replacement and handover the projects.

He refused saying he was not willing to pass on knowledge he had accquired in the last eight years, he also said he was going to a competitor and did not think he should be involved in specialist design aspect of our company.

I sent him a letter, reminding him that he was bound by the confidentiality clause in his contract, and as he was still employed by the company he was obliged to continue working as instructed.

Despite trying to contact him by telephone and email we have been unable to, and now we have received a doctors certificate, signing him off for 8 weeks with work related stress.

I feel this is just a ploy. He has never indicated in any way that he had problems with stress, he is now able not to work until he notice period is up in 8 weeks.

He normally works from home, has the company car there and all the files.

Can we do anything. I really feel his illness is not genuine and is just a means to getting his own way.


Sharon Powell