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d) Duty of confidentiality

An employee is under a duty not to disclose any confidential information obtained from his employment.


Confidential information has to be distinguished from knowledge which has become the employee's own skills and knowledge. The latter can be disclosed and carried on to the employee's next employment.


However, there is a general public interest exception to the duty when the information concerns fraud or misconduct for which there is a public interest that the information be disclosed.


In the case Faccenda Chicken v Fowler, it is decided that once the employment ends, protection will only be granted for confidential information that amounts to a trade secret of the employer. As to what amounts to a trade secret, it will depend on the facts of each case.