Latest in Employment Law>Articles>If an employee sends work-related documents to their solicitor, would this breach their confidentiality obligations?
If an employee sends work-related documents to their solicitor, would this breach their confidentiality obligations?
Published on: 03/05/2022
Issues Covered: Contracts of Employment
Article Authors The main content of this article was provided by the following authors.
Chris Fullerton
Chris Fullerton

If an employee sends work-related documents to their solicitor, would this breach their confidentiality obligations?

If an employee sends work-related documents to their solicitor, would this breach their workplace confidentiality obligations?

This will heavily depend on what the employee’s confidentiality obligations are and what is stipulated in their contract. It may also depend on the content of the work-related documents. If the work-related documents contain personal data, then we need to consider the Data Protection Act and General Data Protection Regulations.

Employees are generally bound by express confidentiality obligations in their contract of employment which prevent the disclosure of confidential information such as product information, know-how and trade secrets products from competitors. If no express clause exists then a duty of good faith is implied, meaning the employment relationship ensures that an employee must act honestly and in the best interests of their employer. If an employee breaches their contractual obligations, then this can lead to dismissal.

Workplace confidentiality obligations are not typically aimed at preventing disclosure by an employee to a solicitor. Solicitors are bound by a duty of confidentiality, and employees are entitled to legal advice. Disclosure of personal information relating to the employee may not be in breach of confidentiality restrictions whereas non-personal or company specific confidential information may be.

Continue reading

We help hundreds of people like you understand how the latest changes in employment law impact your business.

Already a subscriber?

Please log in to view the full article.

What you'll get:

  • Help understand the ramifications of each important case from NI, GB and Europe
  • Ensure your organisation's policies and procedures are fully compliant with NI law
  • 24/7 access to all the content in the Legal Island Vault for research case law and HR issues
  • Receive free preliminary advice on workplace issues from the employment team

Already a subscriber? Log in now or start a free trial

Disclaimer The information in this article is provided as part of Legal Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article. This article is correct at 03/05/2022