HR considerations
UK employment law and best practice
This template is designed to support the process, but the document should be used alongside the relevant HR procedure and applied to the circumstances of the individual case.
Confidentiality obligations can continue after employment ends, but their scope will depend on the employee's contract, any separate confidentiality agreement and the nature of the information involved. Employers should therefore check the specific terms that apply before issuing a reminder and ensure that the letter accurately reflects those obligations.
Contractual confidentiality obligations
Employment contracts and separate confidentiality agreements may contain provisions requiring employees to protect confidential information during and after employment. Employers should check the wording carefully, including any definitions of confidential information and any stated duration or continuing obligations.
Trade secrets and commercially sensitive information
Some information may receive protection under the Trade Secrets (Enforcement, etc.) Regulations 2018 and other applicable legal principles. This can be particularly relevant where a former employee had access to commercially valuable information such as product development, pricing, customer information, business plans or technical know-how.
Personal data
Former employees may have retained access to personal data belonging to the organisation, its employees, customers or other individuals. Employers should consider their obligations under the UK GDPR and Data Protection Act 2018 and should have appropriate processes for removing access and recovering or securely deleting company information when employment ends.
Return of company information
Where the employee's contract or other agreement requires company documents, equipment or information to be returned or deleted, the offboarding process should address this explicitly. A confidentiality reminder can reinforce those requirements where appropriate, but it should reflect the actual obligations that apply.
Post-termination restrictions
Confidentiality provisions should be distinguished from other post-termination restrictions, such as non-compete, non-solicitation or non-dealing clauses. These restrictions are subject to different considerations and should not be assumed to be enforceable simply because they appear in an employment contract.
Use proportionate wording
A reminder should reinforce existing obligations rather than attempt to introduce new contractual restrictions after employment has ended. Where there is a specific concern about potential misuse or disclosure of confidential information, or where enforcement action is being considered, employers should obtain appropriate legal advice based on the individual circumstances.
What should happen during offboarding?
That could cover removing system access, recovering devices/documents, transferring passwords or accounts where appropriate, confirming return/deletion of information and reminding the employee of continuing obligations. That would make the page much more practically useful and link naturally to your offboarding resources.
Important: A confidentiality reminder letter does not itself create or guarantee enforceability of a confidentiality obligation. The underlying contract or agreement, the nature of the information and the circumstances of any alleged disclosure will all be relevant.