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.