Urgent help needed

[Chilli501]

Last week the 2 girls that worked at my sisters hair salon told her they were leaving as they had their own salon.

Their contracts were due for renewal.

 

It turns out that these girls have somehow disabled the camera at the salon,

downloaded all the client information and then deleted that information from the works computer.

 

What can she do??

 

 

m sure this is illegal due to the data protection act.

 

 

She can't afford a solicitor ATM as funds are low.

 

 

She split with her husband recently and became a single parent.

 

She was also diagnosed with cancer earlier this week so this is the last thing she needs!

 

 

Any advice gratefully received

[SabreSheep]

Owch

 

Is there any way of proving they did it? I would certanly inform the police

You may have an obligation to report it to the information commissioners office as well

[Chilli501]

Thankyou sabresheep. I'm not sure about proving it unfortunately but if there's a way, I'll find it. I'll tell my sis about the information commissioners office too. At least she can do that. I've also advised her to have a word with the police. Maybe they can help...

[Chilli501]

Thankyou sabresheep. I'm not sure about proving it unfortunately but if there's a way, I'll find it. I'll tell my sis about the information commissioners office too. I hope the police can help...

[SabreSheep]

Surely there should be some footage of them disabling the cctv?

[Chilli501]

Good point. I'll ask her to have a look. Thanks again

[Chilli501]

She said she can prove they took it as they said they have contracted clients?

[Chilli501]

They have text her saying this so she has the text as proof? No footage sadly

[BankFodder]

http://www.legislation.gov.uk/ukpga/1990/18/contents

[Chilli501]

Thankyou bankfodder

[SabreSheep]

Contacitng clients is not proof on its own. sadly

[steampowered]

You can certainly contact the police. She can also write to them requiring that the information is returned, else civil proceedings will be issued for compensation for any losses suffered by the salon.

 

She could also think about applying for an injunction preventing them from using the information, although this is more risky than a small claim (less than 10k) for compensation, since in injunction proceedings the loser must pay the winner's costs.

[Ethel Street]

Does the computer system record who is accessing and downlaoding data? Did each staff member need their own password?

[steampowered]

http://www.bailii.org/uk/cases/UKHL/1901/2.html

 

http://www.bailii.org/uk/cases/UKHL/2007/21.html

Hello there

 

The case you have described here on behalf of your sister fall within the ambit of the torts – conspiracy to defraud and causing loss by unlawful means.

I completely agree that going to the police and ICO might not lead to any real results, and that a civil court claim (or threat of it) is the most effective way.

 

I'm not sure about using those cases though. These days the tort boils down to interference with contractual relations. I think the Op would need to prove that the employee's actions have caused her company to breach a contract with the customers. This seems unlikely in the case of a hair salon.

 

I think the Op may be better off claiming against the employees for breach of their employment contract - if there is nothing specific in the employment contracts, there is at least the implied duty of trust and confidence.

 

Your sister can bring an action in the Queen’s Bench Division of the High Court against the two former employees under these two torts and in reliance upon the above authorities for recovery of all loss caused to her business by their unlawful act.

Claims brought in the High Court for less than 100k will usually just be transferred back to the county court (see CPR 29, Practice Direction 2.2). If compensation is the only remedy sought I think the hair salon is better off to just bring county court proceedings through money claim online.

 

I think we'd only end up in the High Court if an injunction is required. An injunction is possible - and is the nuclear option - but very difficult to achieve if the hair salon does not have legal representation, especially if the owner does not live near London.