A recruitment consultant who took his employer’s database with him to another firm was handed a prison sentence last month.
The 14-day sentence was suspended following pleas in mitigation.

James Parks, who had worked at Hays Construction, faxed a candidate database to a competitor agency, Specialists on Site, based in Southampton.

Hays, represented by Mishcon de Reya, obtained a High Court injunction against Parks, Specialists on Site and its owner. The injunctions required them to cease using Hays’ material and to return it immediately. Although obtained in the civil courts, the injunctions were backed up by criminal sanctions so if they were not adhered to, the defendants could face imprisonment.

When Hays discovered that one of the defendants had failed to comply with the injunctions, it made an immediate application for his committal which led to the prison sentence.

Following plea in mitigation, the Judge agreed to suspend the prison sentence for six months, although the former employee was warned that it would be activated if further breaches occur during this period.

Hays told Recruiter that it had had to deal with four cases like this so far this year. A spokesman said: “They were resolved to our satisfaction, and it’s becoming less frequent now people know our strategy.”

Tim Cook, managing director of Hays Construction & Property, said: “While we respect an individual’s right to move from one recruitment company to another, this should be in a professional and legitimate manner. It is our policy to protect our database and commercial interests – the details of our customers are legally protected assets, and not owned by employees. Wherever data theft occurs, we will vigorously protect our assets and take further steps as appropriate.”