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Buachaill, Barrister
Category: Law
Satisfied Customers: 10983
Experience:  Barrister 17 years experience
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I need advice urgently, I'm prepared to pay detailed

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Hi, I need advice urgently, I'm prepared to pay for a detailed consultation.
I have set up a business with a colleague and have set this up whilst working for a Public Sector body. We have in used our employment status with this organisation to obtain contacts and charging information, which we we have subsequently used to charge their clients. The Public Sector organisation is aware of this and suspended my colleague and intend to suspend me on Monday. I know this is a a matter of gross misconduct, I have no other clauses for non solicitation so this will not be a factor. I know I will be dismissed but is their any other legal matters I should be concerned with, such as a crime or suing us for the business we will be taking, suing me personally. Urgent advice needed. thank Tony
1. Dear *****, the first thing that will happen here is that you will be disciplined. This will be an employment matter. So, you can expect to be fired. However, unless your employment contract provides for reimbursement should the employer suffer loss, there will be no other downside under this heading. However, the second point is that you will be sued by your then former employer for any loss you will have caused the public sector body. The causes of action here will be breach of duty, breach of the Data Protection Acts, breach of confidentiality, acting to harm your employer's economic interests and deceit. So in this action the employer will seek to get you to disgorge any profits you have made from exploiting their database of contacts. This will be done on the basis of an employee' s obligation of loyalty to their employer. This obligation of loyalty basically provides that an employee will not do anything to harm his employer's interests whilst employed with the employer.
2. It is unlikely that criminal consequences will result unless the public sector employer comes under a liability to their clients or customers. The offences here will surround breach of the Data Protection Acts and theft of confidential information. However, neither will result in serious criminal consequences. YOu are likely to get fined rather than sent to prison. However, be aware that it is only in a small minority of cases that criminal convictions result. Normally the police don't want to become involved in employment disputes and they leave them to civil remedy.
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