The Panama Papers attack has featured prominently in the news recently for a number of different reasons. For law firms it is particularly interesting because it highlights the importance of keeping confidential information secure.
This article explores the employment law aspects of attempting to keep information safe from outgoing employees that are serving their notice period, particularly in cases where that notice period is fairly long.
The Panama Papers attack is quite an extreme example, but in some cases outgoing employees may not only be demotivated but could also be detrimental to the business.
In circumstances where the risks to the business are quite high, employers may wish to consider placing their employee on garden leave or paying them in lieu of their notice period. Whether or not an employer is within their rights to insist on these courses of action is largely dependent on the terms of the employment contract.
Risk specialists and senior lawyers have advised law firms to reduce the threat of whistleblowing employees in light of the Panama Papers attack last weekend.