Five years ago there was a significant ruling at the High Court concerning the use of LinkedIn contacts where it was found that these had been uploaded to an individual’s personal account they could constitute company property when the employment ceased. (Hays Specialist Recruitment (Holdings) Ltd & Another v Ions & Another ). Since then there has been a noticeable lack of further case law in this area.
This silence has come to an end as a recent High Court case (Whitmar Publications Limited v Gamage and others ) has confirmed that LinkedIn contacts can constitute confidential information belonging to an employer. Accordingly, the Court has granted injunctive relief to the employer preventing a former employee from using LinkedIn contacts in groups maintained by his former employer to further a business he had set up in competition.
Theresa Mimnagh, Associate Director at Lawspeed, said: “The ruling is important as it has confirmed that if the employer owns and maintains the LinkedIn group the courts are minded to find that the contacts in that group belong to the employer. Where an ex-employee uses them this will amount to the theft of confidential information, as such the court granted an injunction preventing the employee from using the contacts.
“Unfortunately the judgment does not provide a detailed analysis of the use of LinkedIn accounts and it will take further case law for the position to be clarified. In the meantime, strong social media terms, as part of a well-drafted employee contract and/or policy, should address the use of company confidential information including valuable LinkedIn client contacts.”
For more on employment contracts and social media policy contact Theresa Mimnagh or another member of the Lawspeed team on 01273 236 236 or email email@example.com