Taking list of clients when leaving job

[londonadvice]

Looking for advice because I'm a little worried.

This past week I've been in the position of negotiating a job with a competitor of my currency employer. The reason for me leaving is not being offered progression opportunities despite being a top performer at the company for the last 3 years. The new role would be the step up that I'm looking for.

It's looking likely I will hand my notice in at my current job in a few days. Early last week I created a spreadsheet with my clients along with their contact details and I emailed it on my company computer from my personal email to my personal email. Since this I have been reading up on it and there's a lot to suggest what I have done is illegal. As such I have deleted the emails and did not upload them on to my personal computer before I deleted them, therefore have no access to them now.

However, I have also seen that a lot of companies (and I suspect my company would be one of these) monitor and record everything that happens on work computers, including emails sent and received to personal emails. I am now very worried that when I leave they will check back through the system and see that email I sent with the client list. This could then end our relationship badly or even worse that could pursue legal proceedings.

Please can anybody give their thoughts and advice on this?

 

[Newchodge]

You haven't done anything criminal.

If your contract has a clause about non-competition you may have a problem, more with joining the competitor than over the email.

If you had made use of the information you would have been in breach of the trust and confidence that should exist between you and your employer and you may have been dismissed.

Other than that, I can't see you have done anything wrong.

Good luck in your new job.

 

[londonadvice]

Sorry I should have mentioned I have a 6 month non-compete and 3 month gardening leave clause - both of which I will be honouring.

Does taking that data not constitute taking confidential company information?

 

[Newchodge]

Yes it is taking company information. How many clients' details do you have in your head? They can't stop you taking those. Using confidential company information may be an issue, but you aren't using it, are you?

 

[Chris Ashdown]

Sorry it is illegal its theft of company material and probably also comes under the data protection act

The fact you sent it is proof for all they know you may have left it on your server or sent it to another computer

As long as you stand by your contract terms I doubt anything will become of it

In a lot of cases its very hard to poach customers unless they close to you as its the service they buy and often very reluctant to change

 

[londonadvice]

Yes that is what I'm worried about now. I won't be using it but they have to assume I am because I sent it. What do you think is the likelihood they'll check the server history and find it?

 

[Chris Ashdown]

When you hand in your notice most firms will not let you back into work and have someone empty your desk for you so don't leave anything incriminating in there
No answer possible to your question you know them best

 

[londonadvice]

Yeah fair enough.

What's the worst case scenario? Legally what can a company do in this situation?

 

[Newchodge]

Dismiss you.

If you make use of the information they can take action, probably.

 

[Chris Ashdown]

Found this
Unlawfully obtaining or accessing personal data is a criminal offence under section 55 of the Data Protection Act 1998. The offence is punishable by a fine only – up to £5,000 in a magistrates court or an unlimited fine in a crown court.

from here
http://employment.law-ondemand.com/dealing-with-data-theft/

 

[paulears]

Lets get serious here - at the moment you work for them, so that client list is NOT illegal, is it! You have not done anything wrong yet. If you leave and honour your contract terms, you have done nothing illegal. After the period you are free to do whatever you like. To be honest, pushing print could have been the more sensible option!