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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 62522
Experience:  Qualified Employment Solicitor
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If your company are aware that you are in breach of breaking

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Hi, if your company are aware that you are in breach of breaking the confidentiality rules i.e. passing data to someone else wouldn't they inform you and terminate your contract? If I leave the company and found out I did, can they sue me for a refund for of my salaries?

Hello, I’m Ben, a UK lawyer and will be dealing with your case today. I may also need to ask some questions to determine the legal position.

Are you an employee or self employed?

Customer: replied 9 days ago.
Employee. I haven't done anything wrong but I am looking for a an online trainer who may see company contents on the virtual screen

Thank you. Whilst you would indeed expect the employer to consider taking some action against you if they knew about this, that is up to them and there is no guarantee that they would do anything about it (although that is going to be uncommon).

 

In the event that they find out about the breaches subsequent to you leaving, they cannot realistically sue you to recover the salary you has been paid by them whilst you worked there. The most likely outcome, if they were to claim, would be to pursue you for any losses that you had caused them as a result of your breach. Usually that may include things like lost business, although whatever it is, they are expected to eb able to justify it and prove that such losses had indeed been incurred.

 

Does this answer your query?

Customer: replied 9 days ago.
So you are saying they could be aware but not terminate my contract?

Yes, of course. A breach of contract does not mean they must automatically do anything about it – it is their contract, so it is also their decision whether they do anything about it. Does this clarify things a bit more for you?

Customer: replied 9 days ago.
But If they were aware I don't understand why they wouldn't terminate my contract if I did this training?

As mentioned, the normal position would be that they will take some steps to do something about it, be it disciplining you or terminating you. But what I am trying to clarify is that they do not HAVE to do that – what they do, and if they do anything, is entirely up to them

Ben Jones and 3 other Employment Law Specialists are ready to help you
Customer: replied 9 days ago.
My thinking is if they were to find out, they could keep records as evidence, then sue me if I was to leave the company?

that is possible, but at the same time they should not deliberately set you up to fail, so for example not let you incur further losses for them when they know it is happening

Customer: replied 9 days ago.
Thanks

All the best