DemarsEllsworth444

Employment - Disclosure of Info - Breach of Confidence

The defendant resigned and located employment with one of the claimant's competitors. Shortly after her resignation, the claimant discovered that the defendant had despatched three e-mails to her personal e-mail account previous to leaving the company. The e-mails involved:


 * Displays she had made to the claimant's clients;


 * Suggestions which prospects had given in relation to the claimant's companies; and


 * Costs of the claimant's products.

The claimant was of the opinion that the data contained within the e-mails was confidential and subsequently violated the terms of the defendant's contract of employment. The claimant confronted the defendant with its discovery.

The defendant stated that she had sent the e-mails to her personal e-mail account in error, and offered to let the claimant view her private e-mail account to indicate that she had not breached the terms of her contract. The claimant tried to persuade the defendant to remain in its employment, but was unsuccessful.

The claimant then instructed its solicitors to put in writing to the defendant alleging that the defendant had breached the phrases of her employment which amounted to breach of confidence. The claimant additionally requested the return of all its materials which were in the defendant's possession. The defendant replied to the letter stating that the e-mails weren't despatched to anyone else, and that once the error had been found, she had not even opened them.

The claimant did not respond to her letter. They instead issued proceedings against her and utilized for an interim injunction. They alleged that the sending of the e-mails to her private account amounted to her 'using' confidential data in contravention to her contractual obligations. Additionally they alleged that by her failing to right away return their materials, she had additional breached the terms of her contract.

The claim was dismissed. The court held the the place the e-mails had remained unopened the confidential information had not been 'used' in a way which amounted to breach of confidence. Although she had not immediately returned the supplies, she had previously offered the claimant the permission to view her personal e-mail account and to delete the e-mails relating to the claimant's confidential information.

Along with this, the courtroom held that the knowledge which was the topic of the claimant's criticism was utterly innocuous and that the claimant had reacted totally disproportionately. The matter should not have been taken to court docket and the defendant's undertakings had been adequate.

Briefing Notice does not provide a complete or full statement of the law referring to the issues mentioned nor does it constitute legal advice. It is intended only to highlight basic issues. Specialist authorized recommendation should at all times be sought in relation to explicit circumstances. 情報就職