The High Court has held that two ex-employees breached their contracts of employment by misusing confidential information belonging to their former employer's business. However, the High Court found that the employer had not suffered any financial loss and that it was entitled to only nominal damages of £1 from each employee.
In Theedom v Nourish Trading Ltd (t/a CSP Recruitment) and another  IRLR 866 HC, the High Court dismissed an employee's libel claim in respect of emails sent by his employer about his misconduct.
The High Court has held that an employer's email to its clients advising that a named employee had been dismissed for gross misconduct was not defamatory. The employer had a defence to libel because the statement was substantially true.
David Malamatenios is a partner in the employment department at Colman Coyle Solicitors. He rounds up the latest rulings.
Practical guidance on drafting an employment contract, including the written statement of particulars; formation of the contract; variation clauses; mobility clauses; collective agreements; probationary periods; confidentiality clauses; garden leave clauses; and post-termination restrictions.
In DLA Piper's case of the week, Vestergaard Frandsen v Bestnet Europe and others, the Supreme Court held that an individual can be liable for breach of confidence only if he or she knows that the information being used is confidential.
A model restrictive covenant contract clause to prohibit existing staff from disclosing secret company information or using confidential information.
A model letter informing a competitor of the contractual obligations of an employee on garden leave.
Practical guidance on drafting restrictive covenants for inclusion in employment contracts, including non-competition and non-solicitation clauses.
Lists of contacts kept by employees on their employer's email system are likely to be the property of the employer, unless they are compartmentalised into separate lists of personal and work contacts (Pennwell Publishing (UK) Ltd v Ornstien and others  IRLR 700).
HR and legal information and guidance relating to confidentiality clauses.