How to deal with employees who leak confidential information and or company data

  • Data Protection
Peninsula Logo

Peninsula Group, HR and Health & Safety Experts

(Last updated )

Read our article: 'How to deal with employees who leak confidential information and or company data'. Contact us today for more information about our Employment Law, Health & Safety, and HR services.

Breach of Confidentiality at work

Most employees during the course of their daily working activities have access to confidential company information and/or data. Comprehensive terms and conditions of employment are not only legally required, but are important to enable employers to take appropriate action against employees whose conduct is in question. A breach of confidentiality would most certainly be a disciplinary matter and depending on the severity of the breach, could result in the termination of the employee’s employment. Firstly, the employer has to consider whether the employee understands the rules and the seriousness of breaching confidential information/company data. Employee Handbooks including carefully drafted confidentiality and data protection policies ensure that employees are aware of the rules and understand the consequences if their conduct fails. Prior to taking formal disciplinary action it is essential to carry out a full investigation in to the circumstances. The investigation should be conducted in a timely manner and may involve interviewing other employees to gather evidence. Witness statements should be obtained and any other information gathered relative to the case. The outcome of the investigation will determine whether or not a formal disciplinary meeting is necessary. If there is insufficient evidence it may not be necessary to take formal action and there could be no case to answer. It may be that the employee has made a genuine mistake, leaked information unintentionally therefore employers may feel a letter in writing is more appropriate in these circumstances rather than formal action, to highlight the concerns to the employee. It is advisable to state at the same time that any repetition of the offence will lead to formal disciplinary action. It is appropriate to go down the formal route where the investigation had proven that the breach is intentional. Depending on the severity, the employee may face allegations of gross misconduct where they may be suspended on full pay for a period of time whilst an investigation is completed. The formal disciplinary procedure should be conducted in a timely manner, in line with your contractual procedures and a fair procedure should be followed. In basic terms, the employee is given advance warning of the meeting (normally 48 hours) and invited to attend a formal disciplinary meeting, where the evidence is presented to them and the employee has an opportunity to defend the allegations. The employer must ensure that the employee has had the opportunity to be represented by a work colleague or a trade union official. The employer should never prejudge the outcome of the disciplinary but conclude the meeting and consider the minutes of the meeting. Consideration should be given to the implications of the breach on the employer and the severity of any financial loss or damage to the company’s reputation. The decision and level of warning if appropriate will be decided and a warning issued, offering a right of appeal. Breach of confidentiality can be described as an act of gross misconduct, so deal with issues that arise in a timely manner, in line with your procedures and look at any previous cases to ensure fairness and consistency. For more information on how to deal with employees who leak company information, please contact our Advice Service on0844 892 2772.

FAQs

Got a question? Check whether we’ve already answered it for you…

Related articles

  • Apprenticeships

    Blog

    Major reform for apprenticeships coming soon

    The Government will fully fund apprenticeships in small businesses from 1 April and will also increase the amount of funding that employers who are paying the Apprenticeship Levy can pass onto other businesses.

    Peninsula TeamPeninsula Team
    • Business Advice
  • Someone looking after their toddler.

    Blog

    Protection from detriment for seeking parental leave does not require formal notice

    Employees are protected from suffering a detriment because they have “sought” to take parental leave. The Employment Appeal Tribunal (EAT) had to consider, in the case of Hilton Foods Solutions Ltd v Wright, whether or not informal enquiries about taking parental leave were enough to gain this protection.

    Peninsula TeamPeninsula Team
    • Employment Law
  • Peninsula Group Limited - A Peninsula legal advisor providing expert guidance

    Blog

    April changes final reminder

    There are a lot of employment law changes in April, so, here is a recap of what is happening and when.

    Peninsula TeamPeninsula Team
    • Employment Law
Back to resource hub

Try Brainbox for free today

When AI meets 40 years of Peninsula expertise... you get instant, expert answers to your HR and Health & Safety questions

Sign up to our newsletter

Get the latest news & tips that matter most to your business in our monthly newsletter.