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Ash
Ash, Solicitor
Category: Scots Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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Is there anyway I can stop a disgruntled director who resigned

Customer Question

Is there anyway I can stop a disgruntled director who resigned today from going to a competitor to "tell them everything I can about the company and it employees"? We never had a directors service agreement in place.
Submitted: 2 years ago.
Category: Scots Law
Expert:  Ash replied 2 years ago.

Alex Watts : Hello my name is ***** ***** I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.
Alex Watts : Did he have a Directors agreement please?
JACUSTOMER-pyvpm3de- :

No agreement

Alex Watts : Is it the same industry sector please?
JACUSTOMER-pyvpm3de- :

Yes, homecare for the elderly

Alex Watts : Ok. Potentially yes.
Alex Watts : If he is the same sector and has just defected, he still owes the old company am Implied duty of good faith
Alex Watts : Even so he would not be able to disclose any information about customers etc.
Alex Watts : This would be a breach of the data protection act to disclose or use their details.
Alex Watts : You would have difficulty in stopping him using the same suppliers. But you can stop him contacting customers.
Alex Watts : This would be a very significant breach of the data protection act, not to mention that implied duty.
Alex Watts : You would be able to seek a court order preventing him contacting customers.
Alex Watts : For that you would need a solicitor to draft the paperwork, serve it upon him and present any arguments in court.
Alex Watts : Can I clarify anything for you about this today?
Alex Watts : You would also be able to complain to the information commissioner about any breach of data protection.
Alex Watts : Their website is www.ico.gov.uk
JACUSTOMER-pyvpm3de- :

Thank you for your reply, but could you clarify if the director can disclose information about employees personal circumstances in the hope of harming reputations, or would that come under the data protection act. The director has not defected, but wants to give ammunition, so to speak, to competitor in the hope that the competitor uses the information to do our company harm to take work from us.

Alex Watts : That would come under data protection act. He can't disclose anything about them.
Alex Watts : The Director owes the company and its employees a duty of good faith.
Alex Watts : Does that clarify matters?
JACUSTOMER-pyvpm3de- :

Yes, Thank you for your time Alex

Alex Watts : Great. If this answers your question might I invite you to rate my answer.
Alex Watts : If the system won't let you please do say
Alex Watts : If you need more help please click reply.
Expert:  Ash replied 2 years ago.
If this answers your question could I invite you leave feedback on my service which I hope has been excellent today, if you need more information or help then please click reply.

Please remember that I am always happy to help if you have future questions, even if I am in Court I can normally respond within a few hours. For future information, please start them with ‘For Alex W’.
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