| Commentary

(b) Confidential information

| Commentary

(b)     Confidential information

The employer is entitled to protect information belonging to it; but only if it can properly be regarded as confidential information. The employer has no legitimate interest in protecting information which has already been published, or which is of such a nature that publication would do no harm. The following has been proposed as a sufficient (though not necessarily exhaustive) test of what is confidential (Thomas Marshall (Exports) Ltd v Guinle [1978] IRLR 174, [1978] ICR 905, per Megarry V-C):

  1.  

    —     does the owner think disclosures would be injurious to him or advantageous

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