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.

This Precedent is a sample witness statement on the issue of disability for use in employment tribunal proceedings, known as a disability impact statement. It covers the elements that a claimant will have to establish in order to prove disability for the purposes of section 6 and Schedule 1 of the Equality Act 2010. It provides a framework to outline evidential matters including the identification of the mental or physical impairment, any medical diagnosis, any medication or other treatment, the duration of the impairment, and the substantial and long-term adverse effect the impairment has on day-to-day activities.

This Precedent is a pro-forma letter to an employee client about judicial assessment in the employment tribunal. It summarises the key points from the Presidential Guidance—Alternative Dispute Resolution (England and Wales) (July 2023) and, in particular, the Protocol on judicial assessment found at Appendix 2. It explains what judicial assessment is, when it takes place, its voluntary or consensual nature, the impartial role of the employment judge in providing an evaluation of the case, including remedy, and the confidential status of any assessment made. It sets out some of the pros and cons of judicial assessment and explains how these may be relevant to the employee’s overall strategy in respect of narrowing the issues in dispute or achieving an early settlement of the claim.