Are there any possible repercussions for an employer that persuades an employee who has resigned and accepted an offer with another employer to stay?
An employer that wishes to persuade an employee to stay after he or she has accepted an offer from another employer should be wary of inducing the employee to breach a contract with the prospective employer. There is a risk that the employer could be held liable for any loss suffered by the prospective employer as a result of the breach (for example, any additional recruitment costs, or any loss of profit that results directly from the employee not taking up the post). If the employee has agreed a contract with the prospective employer, the employer should ask for a copy of this so that it can make an assessment of potential liability. It is a defence for the employer if it can show that it honestly believed that its actions were not inducing a breach of contract. This might be applicable, for example, where the employee has misled the employer as to either the terms or the existence of any new contract.