“Strictly private and confidential” email

[Bellebelleagain]

I’ve received an email from a former employer which has “strictly private and confidential” as the email title. In the email footer/disclaimer it states that if you are not the intended recipient of the email that any disclosure, distribution, copying or use of it is prohibited. There is nothing stated anywhere in the email about the information provided to me, as the intended recipient, not being allowed to be shared.

So, my question is whether simply having “strictly private and confidential” as the email title means that I would be breaking confidentiality laws by sharing it with a third party. The information in the email is not about anyone other than me, it’s a decision they’ve taken about the terms of my departure and their reasons for it. I believe that it’s my information to share and want/need to share it with my future employer and some other ex-colleagues but I’m unclear about whether they’d be able to sue me if they found out I’d shared it.

Hope that makes sense and thanks in advance to anyone that can advise!

Acas might be able to give some advice

Good point @Jamboree01 thanks

Really good question! That bit at the end of emails has always made me pause for thought, but probably not as long a pause as it should have been

If this relates to a compromise/settlement agreement, it is highly likely to be against the terms of that to discuss the contents of the email.

Indeed. They always read to me as just being there to cover the company’s liability in the event that someone sends the wrong person an email. It doesn’t really say anything about the nature of the confidentiality of the content if it’s been sent to you. Whenever it’s on envelopes I get that it’s meant to prevent anyone other than the addressee opening it but then I think it’s illegal to open someone else’s mail anyway!

I guess what I’m wondering is whether just putting that in the title of an email actually provides them any legal protection or if it’s just something companies do in the hope that it will stop people sharing it. The information in the email could cause them some reputational damage as they could be seen to be behaving unreasonably towards staff.

Thanks @ChicCroissant its not a settlement or compromise agreement. I left under normal circumstances i.e. resigned, worked my notice and left.

I would assume it was the same as a letter marked strictly private etc in that it should only be opened by the person it is addressed to (eg not the post team or your PA if you have one) but that you do not have to keep the contents confidential.

The footer sounds fairly standard and aimed at accidental recipients not named recipient.

Why don’t you ask your ex employer? Your likely still to be bound by post termination confidentiality so it’s best to check before getting into unnecessary trouble.

Thanks @SafelySoftly but that’s not an option. If I explain fully why it’s potentially outing but there’s quite a complex situation going on with leavers from my ex-employer just now.

Even if you are in dispute with then, it would perfectly acceptable to ask them to confirm if you can share for purposes of obtaining legal advice. If that’s what you are doing then I ultimately it’s standard. If you’re about to contact the newspapers then would caution doing so.

I would have a quick call to a solicitor; but if I was the intented recipient of that letter, I would share the contents with anyone I wanted to, as it only restricts sharing if you are not the intended recipient.

Not a lawyer....

But if you leave under a compromise agreement that would almost certainly prohibit you telling anyone else other than your own legal representative.

Though I'd assume any correspondence prior to a CA would be up to you if you wanted to share as long as no other person's details were in the letter. So 'we didn't like the way you dealt with Sarah's disciplinary' - do not share. 'Will you accept three months pay' - prob ok to share.

You need to check the terms of your employment contract. There is most likely a confidentiality provision which continues beyond termination, this email would fall under that provision unless any exceptions apply - for example there would normally be an exception allowing you to
seek legal advice on it.

Thanks all. I’ve already shared it with my lawyer which is fine. It’s other ex-colleagues and my new employer that I’m querying sharing it with. I would speak to a lawyer about it but I’ve already spent £1000’s on legal fees related to this and really don’t want to spend anymore. There’s no compromise agreement involved.