Skip to main content
CLOSE

Charities

Close

Corporate and Commercial

Close

Employment and Immigration

Close

Fraud and Investigations

Close

Individuals

Close

Litigation

Close

Planning, Infrastructure and Regeneration

Close

Public Law

Close

Real Estate

Close

Restructuring and Insolvency

Close

Energy

Close

Entrepreneurs

Close

Private Wealth

Close

Real Estate

Close

Tech and Innovation

Close

Transport and Infrastructure

Close
Home / News and Insights / News / The misuse of information will not negate a finding of unfair dismissal

The Court of Appeal has held, in Morris v Metrolink RATP Dev Limited, that protection for trade union activities will still apply to the unlawful retention of confidential information.

Mr Morris, the Claimant, was a union representative; he received a photograph of a diary entry made by a line manager who should not have been involved in the assessment of employees for redundancy in a restructuring exercise. Mr Morris then notified HR and raised a collective grievance.  Following this, he was dismissed for obtaining and sharing sensitive company information relating to individuals within the business.

Despite the ET ruling that Mr Morris’ dismissal was automatically unfair, the EAT overturned this decision, holding that protection for trade union activities did not extend to the wrongful or unlawful retention of confidential information.  However, the Court of Appeal upheld Mr Morris’ appeal, arguing that the limited way in which he used the leaked information directly concerned his members and did not take his conduct outside the scope of ‘trade union activities’ for the purpose of s.152 Trade Union and Labour Relations Act 1992.

This case highlights that even where an employee has knowingly used information that has been gathered unlawfully, the context must be taken into account in disciplinary decisions. This also serves as a stark reminder that confidential data should be stored securely to ensure that it is not accessible to members of staff who do not require the data for a legitimate purpose.

Related Articles

Our Offices

London
One Bartholomew Close
London
EC1A 7BL

Cambridge
50/60 Station Road
Cambridge
CB1 2JH

Reading
The Anchorage, 34 Bridge Street
Reading RG1 2LU

Southampton
Grosvenor House, Grosvenor Square
Southampton SO15 2BE

 

Reading
The Anchorage, 34 Bridge Street
Reading RG1 2LU

Southampton
Grosvenor House, Grosvenor Square
Southampton SO15 2BE

  • Lexcel
  • CYBER ESSENTIALS PLUS

© BDB Pitmans 2024. One Bartholomew Close, London EC1A 7BL - T +44 (0)345 222 9222

Our Services

Charities chevron
Corporate and Commercial chevron
Employment and Immigration chevron
Fraud and Investigations chevron
Individuals chevron
Litigation chevron
Planning, Infrastructure and Regeneration chevron
Public Law chevron
Real Estate chevron
Restructuring and Insolvency chevron

Sectors and Groups

Private Wealth chevron
Real Estate chevron
Transport and Infrastructure chevron