Intellectual Property Enterprise Court

Claim No: IP-2021-000114 - [2023] EWHC 3153 (IPEC)

Fecha: 08-Dic-2023

Mr Ludley’s employment

Mr Ludley’s employment

15.

Mr Ludley began working for the Claimant’s business in January 2020 but did so initially pursuant to a contract with PL London. At the time he signed that employment contract with PL London he also signed a receipt form acknowledging receipt of, and agreement to comply with, the Claimant’s Employee Handbook. There is no dispute that on or around 19 August 2020 Mr Ludley’s employment transferred to the Claimant, and he was issued with a new contract of employment which was, so far as is relevant to the dispute, in identical terms as that with PL London.

16.

Paragraphs 46 to 49 of the employment contract are under the sub-heading ‘Confidentiality’. They provide:

46.

For the purposes of this Agreement:

…

Confidential Information means any information disclosed by or on behalf of the Employer (or any Group Business) to the Employee during their employment that at the time of disclosure (whether in writing, electronic or digital form, verbally or inspection of documents, computer systems or sites or pursuant to discussions or by any other means or other forms and whether directly or indirectly) is confidential in nature or may reasonably be considered to be commercially sensitive, and which relates to the business and affairs of the Employer (or any Group Business) including but not limited to: (a) all Employment IPRs (b) all Employment Inventions and (c) all analyses, compilations, studies and other documents prepared by the Employee which contain or otherwise reflect or are generated from the information referred to above.

Employment IPRs means Intellectual Property Rights you create in the course of employment with us (whether or not during working hours or using our premises or resources) that:

relate to any part of (or demonstrably anticipated business of) the Employer of any Group Business; or

ii.

are reasonably capable of being used by the Employer or in any part of a Group Business.

…

Group Business means any business owned or operated by us or an associated employer or all of those businesses together, as the context allows;

Intellectual Property Rights means without limitation all existing or future intellectual and industrial property rights anywhere in the world, including… copyright and related right[s],… trade name,… trade secret, database right,… right in get-up, right in goodwill or to sue for passing off and any other right of a similar nature…

47.

During your employment, you may have access to Confidential Information concerning us and our business. During and after your employment, you must not use or disclose or allow anyone else to use or disclose any of our Confidential Information, except:

as necessary to perform your duties for us, properly, or

with our consent; or

as required by law or ordered by a court that has jurisdiction; or

to make a protected disclosure within the meaning of Section 43A of the Employment Rights Act 1996.

48.

As soon as your employment ends, however that happens, or earlier if we request it, you must:

return to us, all property that you have or control that belongs to us or relates to our business including but not limited to all documents and… swipe cards, laptops and mobile phones

delete any such property and confidential information from any electronic device which belongs to you.

49.

You agree that if you do not comply with this clause, damages would not be an adequate remedy and we can apply for an injunction to prevent any (further) breach, without prejudice to any other remedy that we might pursue, including but not limited to claiming damages.