Resignation & Data Protection

Tom32y

Hi,

I have just resigned from my work due to my job role not matching what was stated in my interview, constant pressure to work unpaid overtime over my contracted hours, forcing me to dress and make myself look older than i am, stopping discussed bonuses and progress within my career because of not working late every night among several other issues.

After handing in my notice they have pointed out that I have emailed a few things that may have included a few client names to my personal email address, I didnt mean to forward any client data but the reason the emails were sent home was because they were my record of them treating me badly or not giving me work that i was expecting for my job description. They have stated it as a breach of contract and data protection and threatening legal action.

Can they legally do anything about this? and they have asked me to confirm in writing that i have not done anything with the data and have deleted it, they have written that they reserve the right to take legal action. Should I reply in writing or would that give them a case to take me to court?


Thanks

SarEl

You may have included a few client names and details in the information you sent to your home address? Why? These hardly describe how the employer has been treating you. They are correct - you shouldn't have done this, they can sue you, and you should write back saying that any and all e-mails forwarded to your home, on any matter, have been deleted. And you should do exactly that.

T_T_2

What legal action do they think they can take exactly? As above, tell them you have deleted everything and be sure that you do if you haven't already.

bitemebankers

Tom32y wrote: »

Can they legally do anything about this? and they have asked me to confirm in writing that i have not done anything with the data and have deleted it, they have written that they reserve the right to take legal action. Should I reply in writing or would that give them a case to take me to court?

Relax.

In cases of an employment dispute, you're allowed to collect evidence that shows you've been mistreated. Provided you don't publish the information you've collected to disseminate it to a competitor, for example, I don't believe the company have any comeback against you under data protection.

As for the breach of contract, it may well be the case that you're not allowed to email data off the premises, but as you've already left the job they can't fire you. And in any legal action, as it's a civil case, they'd have to show material loss, which they won't be able to do as you've not shared the data with anyone or profited from it yourself. In other words, what are they going to sue you for? Nothing.

What you do next really depends on where you want to go with this. Are you planning to take legal action against the company for the way you've been treated? If so, I'd be inclined to inform them that you've already redacted all confidential parts of the emails in compliance with data protection requirements, but that you're keeping the rest of the content as evidence for your own legal action against them. Then consult a solicitor who specialises in employment law and they'll advise you how best to proceed.

Alternatively, if you want to just move on and let bygones be bygones, call them and let the know you've deleted everything and say that you'd be prepared to sign a statement to that effect if they require it.

SarEl

Putting the employment side of it aside - because that wasn't what was asked, taking clients details is theft, breach of data protection and industrial espionage. It may seem overstating it, but oh yes - they certainly could sue the OP. Whether it is a bluff or not, well we don't know. But neither does the OP. So the question was "can they legally do anything about this" and the answer is yes, they can. I fail to see how the details of clients could possibly prove any action on the part of the employer against the employee. Most employers would take such actions as an intention to poach clients, and some do take that very seriously indeed.

ILW

Never heard of "having to dress older" as a reason for resigning.

DCFC79

ILW wrote: »

Never heard of "having to dress older" as a reason for resigning.

neither have i, it is a weird 1

bitemebankers

SarEl wrote: »

It may seem overstating it, but oh yes - they certainly could sue the OP.

It is overstating it.

In order to sue, the company needs to be able to prove in court that they've suffered a financial loss as a result of the employee's actions. Remember, this is a civil case between two parties, not a criminal prosecution. Unless the company can show demonstrate monetary loss, they won't be able to claim damages.

Of course, employers can and do sue employees who have stolen client databases and either sold them on to a competitor, or used them to set up their own business. In instances like these, it's relatively straightforward to show that a financial loss has occurred. But that's not what has happened here, according to the OP.

FBaby

can't you just tell them that you will delete the name of the clients (or anything that could identify them), but won't delete the full email and actually add 'in case I need to use this to protect myself. It might be a ploy from them to get you to delete any evidence you might have against them.

SarEl

bitemebankers wrote: »

It is overstating it.

In order to sue, the company needs to be able to prove in court that they've suffered a financial loss as a result of the employee's actions. Remember, this is a civil case between two parties, not a criminal prosecution. Unless the company can show demonstrate monetary loss, they won't be able to claim damages.

Of course, employers can and do sue employees who have stolen client databases and either sold them on to a competitor, or used them to set up their own business. In instances like these, it's relatively straightforward to show that a financial loss has occurred. But that's not what has happened here, according to the OP.

Both theft and industrial espionage (which covers any attempt to subvert business interests) are criminal cases - not civil. And that still does not explain how client details can possibly evidence an employers alleged mistreatment of an employee. The OP has neither denied that they took such information, nor explained why they took it.

DVardysShadow

SarEl wrote: »

Both theft and industrial espionage (which covers any attempt to subvert business interests) are criminal cases - not civil. And that still does not explain how client details can possibly evidence an employers alleged mistreatment of an employee. The OP has neither denied that they took such information, nor explained why they took it.

The point as I understand it is that the information the OP requires relating to his employment issue is co-mingled with client information. I see no claim that the client details are central to or even relevant to the OP's claims of mistreatment. I see a claim that the emails are very relevant.

And if you are talking 'criminal' here, there has to be a higher standard of proof that the OP is subverting business interests. I submit that the OP's intent is to protect his own interests against an employer he found overbearing.

As for what a company could get by suing, bitemebankers has a good point that to claim damages, they would have to prove loss. Punitive damages are rare. About all a court could give, without proof of loss is an order for destruction of the emails and an order for costs.

I think OP would be well advised to redact the emails to remove client information and rely on memory for this point. Once that is done, I don't see any particular data protection issue as the material relates to the alleged damage inflicted on the OP by his employer.