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Discuss - It is becoming increasingly easy for ex-employers to ensure that their ex-employees do not disclose or otherwise abuse any sensitive information belonging to the ex-employer.
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Employment Law It is becoming increasingly easy for ex-employers to ensure that their ex-employees do not disclose or otherwise abuse any sensitive information belonging to the ex-employer. This is so even where the contractual relationship ends following a fundamental breach. Critically evaluate the above statement. If an ex-employer wishes to ensure there is no disclosure or abuse of any sensitive information by an ex-employee, he could either rely on a "garden leave" clause, the implied duty of fidelity (1) & the equitable concept of breach of confidence, or have agreed a restrictive covenant whereby an express term in the employment contract stipulates a restraint on future activities. Garden leave is whereby an employer, having received or given notice of employment termination, will continue to be remunerated while on a long period of enforced absence (2). This means that the employee remains subject to the implied term not to compete, breach confidence or any...
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