Dominic Cummings and Employee Confidentiality

Boris Johnson and Dominic Cummings – the Brexit bromance has exploded spectacularly all over the papers. The thing that stands out to an employment lawyer about this week’s very public spat, is just how much data Cummings has retained in his possession relating to his former employment.

Cummings’ blog says  “I have made the offer to hand over some private text messages, even though I am under no legal obligation to do so….”

We would really love to have a look at that man’s contract of employment. Most employees, especially senior executives, have extensive clauses in their contracts of employment or service agreements that govern what they are allowed to do with confidential information both during and after the termination of their employment. The nannies in C-list celebrity families are bound up in more restrictions about what they can say than Dominic Cummings appears to be.

From an employment law perspective, the whole thing is astonishing. obligations in a contract of employment usually last in perpetuity and employers take them very seriously. Problems around them often arise in relation to restrictions on working with clients and competitors in a subsequent role, or sometimes due to whistleblowing.

These issues are complex and worth seeking proper legal advice on. We regularly assist employees who are struggling with these problems at Fox Whitfield.

If you think we can help, please contact Sarah Russell on 07985 106 233.