Help finding a legal document
Member Since:
23rd Apr 2012 Telephone: 07889 599228 Location: Leeds Posts: 117 My Links: |
Posted: 5th May 2012 - 09:19 Quote |
Wonder if anyone can help. Need a document, and Im wondering if theres somewhere I could buy an 'off the peg' sort of solution. Its between an employer and employee. The employee has left the business and is starting up in a similar industry alone. The employee used thier personal computer at work snd as a result has taken all the data home upon leaving work. Emails contact etc. the employee has agreed that none of these data, documents etc will be used moving forward but the employee wants that in writting. Sure there must be somewhere this type of focument can be bought online. Solicitors have been contacted but are taking forever and its pretty urgent. |
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Member Since:
19th Oct 2007 Telephone: 0845 123 4444 Location: BAMPTON Posts: 16892 My Links: |
Posted: 5th May 2012 - 09:26 Quote |
You need more than a document. In fact a document should surely have been in place BEFORE the employee left? Have moved this to the can you help section also. |
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Member Since:
23rd Apr 2012 Telephone: 07889 599228 Location: Leeds Posts: 117 My Links: |
Posted: 5th May 2012 - 09:46 Quote |
It was all a bit sudden basically. |
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Member Since:
9th Sep 2010 Telephone: 01708 854943 Location: South Ockendo... Posts: 2425 My Links: |
Posted: 5th May 2012 - 10:40 Quote |
Has Stefan said, it far too late. The employee has already gone! |
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M J Hewitt Trueman Brown Chartered Accountants - 7 Foxglove Road - South Ockendon - Essex - RM15 6EU T - 01708 854943 M - 07966 002816
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Member Since:
3rd Apr 2012 Telephone: 07711055888 Location: High Wycombe Posts: 6 My Links: |
Posted: 5th May 2012 - 11:14 Quote |
Liam - what you are after is a document that sets out post termination restrictions for when an employee leaves, however this needed to be in place before the employee left and idealy at the start of their employment. This would be a clause in the employees contract of employment. If this was in place you would have a claim for breach of contract. Not much you can do now, sorry. If you want help with future employees contracts and post termination restrictions let me know. |
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Member Since:
23rd Apr 2012 Telephone: 07889 599228 Location: Leeds Posts: 117 My Links: |
Posted: 5th May 2012 - 11:36 Quote |
Thanks for the advice guys, its not an employee of mine as it happens but its always handy to learn these things along the way. |
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Member Since:
24th Mar 2009 Telephone: 07816 316598 Location: Farnborough Posts: 3468 My Links: |
Posted: 5th May 2012 - 14:06 Quote |
Agree with what others have said - this needs to be part of employment contract given at start of employment. That said, such clauses are notoriously hard to enforce. I think that a strongly worded solitor's letter about the data belonging to employer might be useful - a commercial solicitor should be able to do that - try Suzanne Dibble who is a 4Ner. Also a lesson learned for future - provide employees with work laptop and ask for it back when they leave - won't stop someone determined to steal data who copies it to a memory stick but certainly makes it clearer that the info on the machine belongs to the employer if there was a dispute. |
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Member Since:
16th Apr 2009 Telephone: 020 8732 5469 Location: Stanmore Posts: 1018 My Links: |
Posted: 5th May 2012 - 18:47 Quote |
Agreements aside, an employee is leaving to start up in competition with all of the employers data including customer lists? You can have an agreement relating to the confidential information or require an undertaking - say, that all data is deleted, not copied and not used. You can send a letter from a solicitor setting this out and that immediate legal action will be taken if there is misuse. But on a practical basis, how would you know if data is used? As others have said, an agreement at the outset helps. A better way of looking after company data is more important. If it is important, you should not give it away so easily. |
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Ronnie ILAN Solicitor- specialising in meeting all your business needs with an emphasis on commercial law, intellectual property, employment matters and dispute resolution. Website: www.surjjlegal.co.uk Public Profile: http://www.linkedin.com/in/ronnieilan Twitter: https://twitter.com/surjjlegal ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Surjj Legal Limited is a recognised body that is regulated by the Solicitors Regulation Authority. Director: Ronnie ILAN, Solicitor. Registered office and practising Address: Devonshire House, 582 Honeypot Lane, Stanmore, Middlesex HA7 1JS. Registered in England No 6757243. |
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Member Since:
16th Apr 2009 Telephone: 020 8732 5469 Location: Stanmore Posts: 1018 My Links: |
Posted: 5th May 2012 - 18:51 Quote |
I don't have off the peg agreements for this, but can draft a suitable undertaking if needed. Send me a PM if interested. |
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Ronnie ILAN Solicitor- specialising in meeting all your business needs with an emphasis on commercial law, intellectual property, employment matters and dispute resolution. Website: www.surjjlegal.co.uk Public Profile: http://www.linkedin.com/in/ronnieilan Twitter: https://twitter.com/surjjlegal ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Surjj Legal Limited is a recognised body that is regulated by the Solicitors Regulation Authority. Director: Ronnie ILAN, Solicitor. Registered office and practising Address: Devonshire House, 582 Honeypot Lane, Stanmore, Middlesex HA7 1JS. Registered in England No 6757243. |
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Member Since:
13th Apr 2012 Telephone: 01924 669157 Location: Wakefield Posts: 8 |
Posted: 11th May 2012 - 13:49 Quote |
Hi Just to add to what everyone else has said, you can still take action after the emnployee has gone even if there is no contract/restrictive covenant/confidentiality provision in place. However, it requires you to demonstrate that the employer's confidential information was obtained by unlawful means and is being used after the employment has ended. It is known as the 'springnoard principle'. It is one way of protecting your interests if an employee leaves whilst retaining confidential information (typically on a laptop or copies of client lists etc) and there is no contractual restriction in place. In this case, the employee has said they will not mis-use the information. They should be asked to provide undertakings to that effect. If they were true to their word this would present no difficulty to them. If they breach undertakings or refuse to provide them, then legitimate pressure could be applied. As everyone else has underlined, best to deal with at the outset of the employment rather than regret it later on. Injunction proceedings are academically interesting but expensive and commercialy difficult. Nick |
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Crooks Commercial Solicitors 1 Mariner Court, Calder Park, Wakefield, West Yorkshire WF4 3FL T: 01924 669157 E: info@ccs-law.co.uk
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