Confidential information and trade secrets in employment


Produced in partnership with Ruaraidh Fitzpatrick of Cloisters
Practice notes

Confidential information and trade secrets in employment


Produced in partnership with Ruaraidh Fitzpatrick of Cloisters

Practice notes
imgtext

As noted in Practice Note: The duty of fidelity and Fiduciary duties, the duty of fidelity implied into every Contract of employment will generally prevent an employee from disclosing to third parties Confidential information which comes to their knowledge during the course of their employment. In addition to this, certain very confidential information, generally known as trade secrets, will be protected by the equitable duty of confidence. These two duties have combined historically to determine the implied duty on an employee in relation to confidential information.

The manner in which business information is categorised is therefore very important; while an employee will be under an implied duty not to disclose trade secrets and/or confidential information to third parties during employment, only the implied duty not to disclose trade secrets will continue after the employment ceases.

An exception to this general rule is that the employee may be prevented from taking advantage, after their employment has ended, of a breach of the implied duty that occurred during their employment (see Practice Note: Springboard

Ruaraidh Fitzpatrick
Ruaraidh Fitzpatrick

Barrister, Cloisters

Ruaraidh is an employment specialist with experience acting for both Claimants and Respondents in the Employment Tribunal and Employment Appeal Tribunal, County Court, High Court and Court of Appeal.

Read moreRead more
Powered by Lexis+®
Jurisdiction(s):
United Kingdom
Related legal acts:
Key definition:
Confidential information definition
What does Confidential information mean?

Information provided to the council by a government department upon terms forbidding its public disclosure and information prohibited from public disclosure by statute or court order (section 100A(3) Local Government Act 1972).

Read more

Popular documents

Delivery up orders in employee competition claims and confidentiality claims

Delivery up orders in employee competition claims and confidentiality claimsAn order for delivery up is type of a mandatory injunction which can be used to compel the return of documents or other items wrongfully taken from the employer, within a certain specified period.When to applyDelivery up

Restraint of trade in employment

Restraint of trade in employmentThis Practice Note examines the doctrine of restraint of trade and lawful exceptions to it in the employment context.It is a basic principle of common law that an individual should be free to follow their trade or calling when, where and in what manner they wish. Lord

Where a confidentiality obligation in an employee’s contract of employment is made subject to a

Where a confidentiality obligation in an employee’s contract of employment is made subject to a whistleblowing carve-out, to what extent will the confidentiality restriction be enforceable against the employee post-employment if they disclose confidential information that would otherwise be required

Is a clause requiring an employee to repay relocation costs if he terminates the employment contract

Is a clause requiring an employee to repay relocation costs if he terminates the employment contract within two years of the relocation void as a penalty clause, or as a restraint of trade?It is common for employment contracts to allow the employer to recoup relocation, training and other expenses