Dismissal: Protect Information

If an employee has leaked confidential information or used it inappropriately, you should treat this as a misconduct issue and deal with it via your disciplinary procedure. If there is only a risk that an employee may leak or use confidential information in the future, this will not be a misconduct issue, but may amount to ‘some other substantial reason’ justifying dismissal. This might arise, for example, where an employee is in a long-standing relationship with a former employee who has left to set up in competition. Such situations will not always justify dismissal and you will need to follow a fair procedure and act fairly and reasonably overall to avoid a claim of unfair dismissal.

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