Ruaraidh Fitzpatrick

This Practice Note examines the implied duties in relation to trade secrets and confidential information, and how to distinguish between these two categories of information. It considers how to distinguish between these two categories and others which cannot be protected. It examines how express terms can be used to identify and protect confidential information. Express terms protecting trade secrets and confidential information after employment are also examined. The whistleblowing legislation that renders void any contractual provisions that seek to prevent protected disclosures is outlined. Employees’ right to privacy and misuse of private information claims, and defences to breach of confidence claims are discussed. The provisions of Trade Secrets Directive (Directive 2016/943/EU) on the protection of undisclosed knowhow and business information (trade secrets) against their unlawful acquisition, use and disclosure is also outlined. The Trade Secrets (Enforcement etc) Regulations 2018, SI 2018/597, which implement the Directive in the UK, are also considered.

This Practice Note looks at how employers should deal with employees who are facing criminal charges, imprisonment or regulatory proceedings. It considers the basic principles of fairness and whether the conduct relates to the employment relationship. It also looks at the timing of an investigation. Particular offences such as dishonesty, sexual offences, and drug offences are considered. The effect of driving bans and imprisonment are analysed. Finally the questions of staying employment tribunal proceedings and injunctions to restrain disciplinary proceedings are considered.