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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46227
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I am working my notice but have inadvertently forwarded a

Customer Question

I am working my notice but have inadvertently forwarded a sensitive document to my new employer. What is my position in law? I have apologised and asked my new employer to delete the email.
Submitted: 6 months ago.
Category: Law
Expert:  Ben Jones replied 6 months ago.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

Customer: replied 6 months ago.
Ok thanks
Expert:  Ben Jones replied 6 months ago.

What would you like to know about this?

Expert:  Ben Jones replied 6 months ago.

Hi there. Thank you for your request for a phone call. I am unable to talk at the moment but if you provide the information requested, I will review the relevant information and laws and get back to you as soon as I can. Please do not respond to this message after you have provided the information as it will just push your question to the back of the queue and you may experience unnecessary delays. Thank you

Customer: replied 6 months ago.
I want to know what actions my current my employer can take against me. Also my current employer has written to my new employer stating I have stole information and passed it to them and they are investigating the extent. I have not forwarded any other information so wanted to know where this leaves me with my new employer.
Customer: replied 6 months ago.
Ben are you reviewing the question. Thanks
Expert:  Ben Jones replied 6 months ago.

Yes please leave it with me and I will get back to you at the earliest opportunity. Many thanks

Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46227
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
Ben Jones and other Law Specialists are ready to help you
Expert:  Ben Jones replied 6 months ago.

Thanks for your patience. What the current employer can do is accuse you of misconduct for you actions and consider taking disciplinary action against you. How far they can go will depend on the seriousness of the incident and what their investigation shows. If they believe this was done deliberately or what you did was grossly negligent then dismissal is a potential outcome. It means that your employment could be terminated for gross misconduct before the end of your notice period. If they have suffered any financial losses as a result of this then they can also consider taking legal action for negligence although that is less likely and they would need to prove that your actions have cost them financial losses, such as loss of business.

In terms of the new employer’s position, clearly it is not ideal that they know what you did and that may cast doubt on whether they still believe you are a good person to employ – i.e. can they trust you. Of course it may make no difference to them and they may just turn a blind eye to this but the worst case is that they withdraw their job offer as a result of this. I suggest you contact them to explain what happened and ensure they know the truth from you rather than just be told assumptions by your current employer.

Customer: replied 6 months ago.
Is there anyone available for a follow up call?
Expert:  Ben Jones replied 6 months ago.

Hi there to be able to request a phone call you must post a new question with your query and then we can make an offer for a phone call. If you wish to proceed then please post the new query for my attention and I will get to it asap, thanks

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