Confidentiality is a crucial aspect of any employment relationship, in relation to both junior and senior employees. In today’s business market as employees are more mobile and stay with companies for shorter periods of time, it is more important than ever for businesses to protect their confidential information from being exploited by competitors.
The need to protect confidential information commences even prior to the start of the employment relationship, with increasing numbers of businesses considering non-disclosure agreements when seeking to recruit senior staff from competitor businesses, or engage individuals on a consultancy basis.
During the employment relationship it is crucial that the information relating to employees themselves is monitored and processed properly in line with the Data Protection Act 1998, with changes afoot by the introduction of a new EU Directive this summer. Confidentiality and data protection principles can also impact references in terms of the drafting of them and dealing with them orally when requested by a new employer.
Following termination of employment, for whatever reason, businesses need to ensure that their confidential information remains confidential, and the changing nature of how individuals do business, in particular in relation to the challenges posed by social media, mean that businesses need to be sure to evolve constantly in order to protect themselves. Businesses should consider Settlement Agreements and Restrictive Covenants, but also consider utilising procedures such as garden leave to ensure that they retain control over an employee whilst keeping them out of the marketplace during a period of re-establishment.
For more information on the above, join us at the HR Forum on Wednesday 22 June 2016 to hear from our speakers Ross Strowger, Jessica Piper and James Tarling of Ashtons Legal.
