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Ben Jones
Ben Jones, UK Lawyer
Category: UK Employment Law
Satisfied Customers: 44962
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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Hi ben, following an investigation into a potential conflict

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Hi ben,

following an investigation into a potential conflict of interest(which was closed after explanation) my employer obtained my laptop and found a presentation given to me by a potential future employer (a start up in the same sector). The data contained information provided by the future employer and a meeting was held in may following my resignation from my company. Subsequent to my resignation the company persuaded me to stay and I decided not to join the other company (who are a competitor). MY employer have asked that they be allowed to contact the potential employer to confirm that i only began speaking to them after I resigned. They recognise that I have not shared any confidential information. Do you have any advice regarding the legality of such a suggestion and my obligation to comply?

Ben Jones :

Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today.

Ben Jones :

Please note that as a practising solicitor I am often in and out of meetings, travelling, or even at court when I pick your question up. This may even occur at evenings and weekends. Therefore, I apologise in advance that there may be a slight delay in getting back to you. You do not have to wait here and you will receive an email as soon as I have responded. Thank you in advance. For now please let me know how long you have worked for the company

Customer:

I've been working with the company since April 2011.

Ben Jones :

Many thanks for your patience. What is expected of you in the circumstances? Only your consent? Or do they need you to give them the details and contact details of this other employer?

Customer:

details and contact details

Ben Jones :

You cannot be forced to hand over these details, that's for certain. During an investigation into possible misconduct, or other breaches, they could ask you to supply these details and they can then contact them if necessary. You do not have to disclose these, however in doing so you are leaving the employer to make a decision based on the evidence available to them. This means they could have limited evidence which may imply you had shared sensitive information with the other company and in the absence of anything to prove otherwise, they can potentially proceed based on that limited evidence. However, if you know you did nothing wrong and the other company can confirm that too, then you may wish to consider whether it would be better to provide these details, allow your employer to contact them and satisfy themselves there has been no breach here and hopefully that would be the end of the matter.

Customer:

thanks ben. i have contacted the other company and they're not proving helpful but have agreed to provide a letter from their lawyers confirming that the period in which we were in discussions was after my resignation. There has not been any suggestion that I have shared confidential information.

Ben Jones :

if they can provide that it would be helpful

Ben Jones :

I hope this has answered your query. Please take a second to leave a positive rating, or if you are unhappy for some reason with the advice - please get back to me and I will assist further as best as I can. Thank you very much

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