Search

How can we help?

Icon

Ex-employee ordered to delete confidential information stored on personal devices

In an age where employees are easily able to copy, store and upload confidential information, employers are having to become increasingly vigilant to prevent such information ending up in the wrong hands.  This was an issue for the claimants in Arthur J Gallagher Services (UK) Limited and others v Skriptchenko and others. The Claimants were a group of companies providing insurance brokerage services.  Upon leaving one of these companies, Mr Skriptchenko took the Claimants’ client list with him and used it to approach over 300 of the Claimants’ clients after joining a competitor firm.

The Claimants successfully applied for an order to inspect electronic devices and computers belonging to Mr Skriptchenko and his new employer. The Claimants were also granted an order that if any confidential  information relating to the Claimants was found, it was to be destroyed. In the absence of any previous authority on the destruction of confidential material, the High Court provided a detailed explanation as to why an order for destruction was appropriate in this case. The Court was particularly influenced by the “high degree of subterfuge” in this case and the fact that Mr Skriptchenko and his new employer knowingly breached confidentiality. The Court agreed with the Claimants that Mr Skriptchenko and his employer could not be trusted to delete any confidential information themselves and so a third party was appointed to inspect and destruct the material.

In an age where employees are easily able to copy, store and upload confidential information, employers are having to become increasingly vigilant to prevent such information ending up in the wrong hands.

Although a small victory for employers, Mr Skriptchenko and his employer admitted that they had breached the Claimants’ confidentiality which played a key part in the Court’s willingness to grant an injunction. Employers who suspect but have little evidence to show that an ex-employee has taken confidential information are likely to face greater difficulties. To guard against this risk, employment contracts should clearly set out the employee’s obligations on termination  which employers may want to mirror in a Bring Your Own Device to Work policy.

Employmentbuddy.com 

Disclaimer

This information is for guidance purposes only and should not be regarded as a substitute for taking legal advice. Please refer to the full General Notices on our website.

Author profile

Monica Atwal

Managing Partner

View profile

+44 118 960 4605

About this article

Read, listen and watch our latest insights

art
  • 10 December 2025
  • Privacy and Data Protection

The 12 Data Protection Mistakes of Christmas

As the festive season approaches, it is not just last-minute shopping and office parties that can catch organisations off guard; data protection slip-ups are just as common.

Pub
  • 04 December 2025
  • Immigration

UK Immigration: What to expect in 2026 for employers

Join our UK immigration specialists, Ruth Karimatsenga and Monica Mastropasqua, as they explore the key updates and how they affect your business in 2026.

Pub
  • 04 December 2025
  • Corporate and M&A

Autumn Budget 2025 Breakdown: Key takeaways for business buyers and sellers

Join Stuart Mullins and Nicky Goringe Larkin as they delve into the key updates from the Chancellor’s announcement, with a focus on what matters most for businesses looking to buy and sell.

art
  • 03 December 2025
  • Corporate and M&A

Why is carrying out a legal Due Diligence investigation necessary during an proposed acquisition?

Merging with or acquiring another company is a high-stakes endeavour. The purpose, process and common areas of investigation during a M&A transaction.

art
  • 02 December 2025
  • Employment

All I Want for Christmas… Is No Tribunal Claims!

Before the festivities begin, it is worth unwrapping the key risks and understanding how employers can protect their staff, their reputation and their sanity, while still delivering a thoroughly enjoyable evening.

art
  • 01 December 2025
  • Immigration

Government consultation on extending settlement requirements: What employers and migrants need to know

This article summarises the key proposals , groups who will and will not be affected by the extending settlement requirements, and the potential impact for employers, workers and families.