EmeraChild518

Employment - Disclosure of Info - Breach of Confidence

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


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


 * Suggestions which customers had given in relation to the claimant's services; and


 * Costs of the claimant's products.

The claimant was of the opinion that the data contained in the e-mails was confidential and due to this fact violated the phrases of the defendant's contract of employment. The claimant confronted the defendant with its discovery.

The defendant mentioned that she had despatched the e-mails to her private 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 phrases of her contract. The claimant tried to steer the defendant to stay in its employment, however was unsuccessful.

The claimant then instructed its solicitors to jot down 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 supplies which have been in the defendant's possession. The defendant replied to the letter stating that the e-mails were not despatched to anyone else, and that once the error had been discovered, she had not even opened them.

The claimant didn't respond to her letter. They instead issued proceedings against her and applied for an interim injunction. They alleged that the sending of the e-mails to her personal account amounted to her 'utilizing' confidential data in contravention to her contractual obligations. Additionally they alleged that by her failing to right away return their supplies, she had further breached the phrases of her contract.

The claim was dismissed. The court docket held the the place the e-mails had remained unopened the confidential information had not been 'used' in a approach which amounted to breach of confidence. Although she had not instantly returned the materials, she had beforehand provided the claimant the permission to view her private e-mail account and to delete the e-mails regarding the claimant's confidential information.

In addition to this, the court docket held that the data which was the topic of the claimant's complaint was totally innocuous and that the claimant had reacted completely disproportionately. The matter mustn't have been taken to courtroom and the defendant's undertakings had been adequate.

Briefing Note doesn't provide a comprehensive or complete assertion of the legislation regarding the problems mentioned nor does it represent authorized advice. It is supposed solely to focus on general issues. Specialist legal recommendation ought to at all times be sought in relation to particular circumstances. ????