- Information about a fellow employee’s salary is not always confidential (Jagex Ltd v McCambridge)
- What are the practical implications of this case?
- What is the relevant background?
- Relevant law
- Background facts
- Decision of the employment tribunal
- What did the EAT decide?
- Case details
Employment analysis: There is no universal answer as to whether salary information is confidential. For example, in some contexts, company law requires disclosure of directors’ pay (and starting salaries are often advertised in recruitment literature), whereas in other contexts employers may be less transparent about pay and have specific contractual provisions identifying pay and salary as a confidential matter. On the facts of this case, where salary information was not included within the list of information to be treated as confidential, and an employee found details of an executive’s pay left on a piece of paper at the photocopier and shared it with some colleagues, there could be no implied term that salary details were to be kept confidential because such a term fell far short of the business efficacy, officious bystander or necessity test. Further and in any event, internal discussions about pay did not amount to disclosures to ‘third parties’, according to the EAT.
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