What happens when an employee takes confidential information?

The Employment Law & HR Podcast

13-09-2024 • 22 mins

We are often called upon by both employers and employees to advise in situations where a departing employee has taken documents or confidential information belonging to their employer.

Sometimes this is completely innocent and there is no intention on the part of the employee to exploit the information, and in others it is taken with the intent to use in their new employment, either way this can be very worrying for employers.

In this episode 232 of the podcast I bring you a run down of the key things employers can do if they find themselves in a situation where confidential information has been taken and how to safeguard and prevent the loss in the first place. In this episode we cover:

  • The reasons why departing employees may take confidential information or documents,
  • The immediate steps employers should take when they find out that an employee has taken confidential information.
  • The legal options available including obtaining an injunction and/or damages.
  • The potential criminal consequences of taking confidential information or documents.
  • Steps that employers can take during an employee’s employment to safeguard data.
  • The importance of a robust confidentiality clause in employment contracts.
  • When a non-disclosure agreement may be required.
  • Why you should consider post-termination restrictions in your employee contracts.
  • The points to note to ensure post-termination restrictions are enforceable.
  • Why having robust IT processes and regular audits is important.

Training for your Team

Would you like to arrange training for your team to reduce the risk of both unhappy employees and claims being made against you? Please get in touch for a no obligation discussion, we can offer training anywhere in the UK in person or delivered remotely via MS Teams.

Please drop me an email alison@realemploymentlawadvice.co.uk

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As part of our HR Harbour annual subscription service for employers we provide guidance and training for employers, supervisors and managers. If you would like to know more about the HR Harbour Service and how you can get unlimited support from as little as £210 per month please contact me for a no obligation discussion – alison@realemploymentlawadvice.co.uk or you can find full details here: HR Harbour

Don’t forget you can contact us by telephone 01983 897003, 01722 653001, 020 3470 0007, 0191 375 9694 or 023 8098 2006

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