Question: ‘It is becoming increasingly easy for ex-employers to ensure that their ex-employees do not disclose or otherwise abuse any sensitive information belonging to the ex-employer. This is so even where the contractual relationship ends following a fundamental breach.’
Critically evaluate the above statement.
Answer: If an ex-employer wishes to ensure there is no disclosure or abuse of any sensitive information by an ex-employee, he could either rely on a “garden leave” clause, the implied duty of fidelity (1) & the equitable concept of breach of confidence, or have agreed a restrictive covenant whereby an express term in the employment contract stipulates a restraint on future activities. Garden leave is whereby an employer, having received or given notice of employment termination, will continue to be remunerated while on a long period of enforced absence (2). This means that the employee remains subject to the implied term not to compete, breach confidence or any similar express term, as he is still under contract. This could be a better option than a restrictive covenant because restricti......(short extract)
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Details: - Mark: 69% | Course: Employment Law | Year: 2nd/3rd | Words: 5525 | References: Yes | Date written: February, 2005 | Date submitted: October 14, 2008 | Coursework ID: 88
