Post Employment Greivance Confidentiality

[JuniperIce]

Hi!
Long story short.
In January a colleague of mine submitted 4 grievances against me. The first I was aware of it was an investigation meeting when I was questioned about every point in detail.
Following the meeting I was offered to return home for the day. I accepted and left. Due to the impact it had on me, my doctor signed me off work and I actually never went back to work there.
As I was signed off sick with work related stress, the grievance procedure was halted however I restarted it by submitting a counter grievance against my colleague. My claim being that his grievances were knowingly false and malicious.
A couple of weeks passed and various other contacts were made to and from the company to myself including another grievance meeting where I covered my counter grievance and my proof that my colleague was acting maliciously and purposely creating he situation to the benefit of himself.
The grievances against me were concluded as unfounded. I never received confirmation of the conclusion of my counter grievance only assured that my colleagues actions would not be ignored.
I have many other suspicions which I cannot prove as to why the situation arose and that they have done nothing to reprimand him of his malicious activity.
During the time I was off sick I decided I would no longer be able to return to work for the company at all due to loss of trust in them and the way they dealt with the whole situation (it is my belief that they did not follow their own grievance procedure) but also due to the fact it would mean returning to work directly with my accuser.
My contract ended and I departed.
Of course I felt aggrieved that out of a malicious situation brought upon me that I had resigned and to my honest belief that no repercussions had come of his actions. In fact, a promotion.
I decided that I had a right to voice to my ex work colleagues the true reason for my departure. The person responsible including the bare facts of the claim and the result of the claim.
I have of course ruffled some feathers as my now ex employer has contacted me to warn me that I am in breach of a confidentiality clause within my contract of employment which is effective even after my employement ends.
I do not plan to continue to make any further contact with ex colleagues but am interested to know where I stand on this. I am getting conflicting information regarding breaking a confidentiality agreement post employment as it mostly relates to trade secrets and data rather than personal wrong doings.

[ULA]

To be able to provide an informed view on the situation is it possible for you to post the clause in your contract your ex-employer is relying on.

Please make sure it has nothing that identifies you or the company contained within it - if so please redact those bits before posting.

[JuniperIce]

Confidentiality



You shall not during your Employment with the Company and at all times (without limitation) after the termination of your employment, directly or indirectly use or exploit for your own purposes or those of any other person, company, business entity or other organisation whatsoever, any trade secrets or confidential information relating or belonging to the Company, associated companies or any customer.

“Confidential Information” includes but is not limited to (and includes information in any format):



• information and codes (source or object) related to any Company, associated company, partner or customer websites;
• information relating to clients, customers, customer lists, addresses, properties or requirements;
• names, addresses and salary details of the Company’s employees;
• information related to the Company’s, any associated company’s, partners or customers pricing/cost structures, marketing and information, intellectual property, budgets, projects, policies, business plans or dealing, technical data, employees or officers, financial information, forecasts, databases, plans, lists and particulars of the Company’s suppliers and customers, bets placed by the Company’s customers, designs; and
• any document marked ‘Confidential’ or any information which you have been told is ‘Confidential’ or which you might reasonably expect the Company would regard as ‘Confidential’ or any information which has been given to the Company by customers.

The obligations contained in this clause shall not apply:



• to any information or knowledge which may subsequently come into the public domain other than by way of unauthorised disclosure (whether by yourself or a third party);
• to any act of yours in the proper performance of the duties of your employment;
• where such use or disclosure has been properly authorised by the Company; or
• to any information which you are required to disclose in accordance with an order of a Court of competent jurisdiction.

[ULA]

Thank you for posting up the clause.

Having gone through it in detail my view would be that they are relying on this section:

"

information related to the Company’s, any associated company’s, partners or customers pricing/cost structures, marketing and information, intellectual property, budgets, projects, policies, business plans or dealing, technical data, employees or officers, financial information, forecasts, databases, plans, lists and particulars of the Company’s suppliers and customers, bets placed by the Company’s customers, designs; and"

Where it clearly states - information related to the Company's ..... employees or officers .......

I would take the letter from the Company as a warning and as you have said not speak to any ex-colleagues or anyone you think may have a relationship with anyone at the Company about the circumstances of your resignation.