Q&As

If, during without prejudice discussions regarding possible termination of the employee's employment, the employee indicates that, unless the employer increases its settlement offer, they will (in breach of their employment contract) reveal commercially sensitive information to competitors, does that amount to blackmail?

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Published by a ÑÇÖÞÉ«ÇéÍø Employment expert
Published on: 21 May 2020
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Consideration should be given to:

  1. •

    the definition of blackmail

  2. •

    the without prejudice rule

Blackmail

A person is guilty of blackmail if, with a view to gain for themselves or another or with intent to cause loss to another, they make any unwarranted demand with menaces.

A demand with menaces is unwarranted unless the person making it does so in the belief that:

  1. •

    they have reasonable grounds for making the demand, and

  2. •

    the use of the menaces is a proper means of reinforcing the demand

Menaces are serious or significant

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Jurisdiction(s):
United Kingdom

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