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
  • 18 August 2026
  • Immigration

Home Office curtailment of Sponsored Workers’ permission: Why employers and employees must act quickly

The Home Office has recently changed the speed at which it processes sponsor notifications following the end of a sponsored worker’s employment.

art
  • 13 August 2026
  • Employment

ACAS Draft New Code on Disciplinary and Grievance Procedures

ACAS have published a draft Code on 30 July 2026, which will replace the 2015 ACAS Code on disciplinary and grievance procedures when the Code is finalised at the end of September 2026.

art
  • 12 August 2026
  • Corporate and M&A

EMIs – April 2026 changes explained

On 6 April 2026 the Enterprise Management Incentive scheme (EMI) was expanded to make EMIs accessible to a wider range of businesses.

art
  • 06 August 2026
  • Privacy and Data Protection

The rise of the AI-powered individual: Is your business ready?

Artificial intelligence is changing the data protection landscape, but perhaps not in the way many organisations expected. Much of the discussion has centred on businesses adopting AI and ensuring they comply with the UK GDPR.

Pub
  • 06 August 2026
  • Employment

Employment law changes in 2026: What you need to know

With ongoing changes to UK employment law, staying updated is more challenging than ever. Join Monica Atwal and Harry Berryman for a live webinar covering 2026 HR changes and key employment law updates on Thursday 17 September.

Pub
  • 04 August 2026
  • Employment

From Opportunity to Employment: Building Inclusive Workplaces Together | Hosted by Breakthrough Supported Employment

Join Breakthrough Supported Employment for a live seminar on building inclusive workplaces at Malmaison Reading. Clarkslegal’s Lucy White will speak alongside industry experts, sharing insights on fostering diversity and creating equitable opportunities.