As the outgoing Prime Minister Boris Johnson embarks on his second holiday in less than a month, a leading employment lawyer has laid down the law regarding employees who just won’t leave. But there are several routes open to companies with an employee who is ‘blocking the HR process’.

Depending on the circumstances, they may include considering termination with or without following due process – despite the potential later risks at tribunal, disciplinary action, gardening leave, making a payment in lieu of notice; and holding ‘without prejudice’ conversations.

Ms Coyne’s comments come amid mounting criticism of the PM, who Downing Street confirmed is not expected to take part in any engagements this week due to being on a second foreign summer holiday in less than a month.

Since announcing his resignation in July, Mr Johnson has been accused of wasting his final weeks in office. Now, Ms Coyne has spoken about what an employer should do if an employee just won’t leave.

The advice may differ depending on whether an employee is serving their notice or are the subject of disciplinary proceedings but are continually delaying the process, or whose actions might be pushing their colleagues out of the door – with others choosing to leave rather than work in a toxic environment.

Ms Coyne said: “If a senior employee is blocking the HR process, then an employer can look to approach them for a ‘without prejudice’ conversation if there is a dispute or a protected conversation regarding a potential early exit from the business.

“Protected conversations cannot be referred to in the employment tribunal but there is no protection if there is any discrimination.”

Ms Coyne went onto say that if a senior employee is becoming disruptive, employers must consider whether it would be better for the business and retention of other staff to offer a package and settlement agreement to leave regardless of the potential costs.

Alternatively, they could consider termination without following processes and without an exit package. She advised that in some circumstances, despite the risk and the cost, it is a worthwhile commercial option to avoid low morale and resignations, grievances, or sick leave of other staff.

Employers should consider that if they breach the employment contract, they may not be able to rely on any post termination obligations or restrictions. Employers should take advice on any contractual provisions that may be impacted if they choose to take any risks in terminating someone’s employment.

She said: “We always recommend that legal advice is sought in such situations and consideration is given of the potential costs involved in this approach to make a fully informed decision. In cases where there is a risk of automatic unfair dismissal and /or discrimination, the potential risk and costs associated with this approach could be unlimited.”

She added: “If the employee is that disruptive, it may be possible to consider termination for ‘some other substantial reason’ if the conduct could be detrimental and/or cause reputational damage – but such a fair process should still be followed.”

Ms Coyne concluded: “Other options to consider would be to investigate if there is a contractual right to put someone on garden leave if not working a notice period – this would need to be agreed, or a contractual entitlement made. Mediation in some cases could be considered.

“There are a number of avenues open to businesses facing these scenarios – and the Aaron & Partners Employment law team are here to assist in any way we can.”