Toni Lorenzo and Alistair Hayes provide practical observations on the High Court's decision in Nissan Motor’s case for the Solicitors Journal
01 April 2022
Background: Ravinder Passi was previously employed as Nissan’s Global General Counsel based in Japan. His employment was terminated in November 2020. Mr Passi brought two Employment Tribunal claims, including allegations of whistleblowing, detriment and victimisation (one during – and one following the end of – his employment). On providing his disclosure in connection with these claims, Nissan realised Mr Passi had removed and retained hundreds of highly confidential and privileged documents.
Practical observations
Employers should take steps to protect their confidential information well before litigation is contemplated. Most importantly, employers should ensure they have in place well-drafted express confidentiality provisions that clearly set out employees’ obligations, both during and after employment. These should include:
- Clear definitions of what is considered to amount to “confidential information” – and which have been tailored to their business and the employee in question;
- A requirement to return and permanently delete company property (in all its forms) on termination of employment.
Read the full article here.
This article was first published by the Solicitors Journal.
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