We are pleased to bring you a webinar co-hosted by Hugill & Ip‘s Employment team and Denis Chang’s Chambers. Adam Hugill and Earl Deng discuss how to protect businesses following the departure of key personnel via restrictive covenants and the laws of confidence.
Show Notes:
00:01:12 Introduction
00:06:38 Breach of confidence
00:18:10 Case study
00:34:49 Fiduciary duty v Fidelity
00:40:07 Disclosure of emerging commercial threats
00:54:02 Accessory liability
00:57:18 Post-Termination Restrictions
01:47:13 Remedies
01:57:31 Labour Tribunal or High Court?
02:06:42 Q&A
Highlights
While employees are often described as their employer’s greatest asset, employees can also be their greatest risk! Employees often have significant access to customer contacts, trade secrets and confidential information. Departing employees pose the greatest risk due to the potential disclosure of such sensitive information to competitors. COVID-19 and the anti-pandemic measures that were put in place over the last two years may have increased the risk posed by departing employees.
Work from home arrangements, especially during the early stages of the pandemic, resulted in many employers asking their employees to work from home, using their own personal computers and laptops. In doing so, employers will have granted employees with previously unprecedented levels of access to business secrets and confidential information from personal devices outside of the work place. This has made it easier than ever for employees to prepare to compete without the level of monitoring that would take place in the office.
This seminar seeks to alert employers to potential business risk posed by departing employees, explain the baseline protection that is provided via common law implied terms and also discusses how best to protect business through the use of express terms and post-termination restrictions.
This video is for informational purposes only. Its contents do not constitute legal or professional advice.
