Issue 103 - 1st May - 30th May
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Just weeks later however, he would be faced with a team of forensic computer experts sent by his former employers, accompanied by an independent solicitor and a High Court order allowing forensic images to be taken of computers and other electronic equipment in his possession, with any attempt by Webb not to comply with the order leaving him at risk of an application for contempt of court.
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Mr Webb had earned a six-figure sum working as a senior recruitment consultant in the specialist oil and gas recruitment industry for First People Solutions Limited trading as Tudor Personnel, part of First People Solutions Group Limited (“FPSG”) in Surrey. He had worked for Tudor for over fourteen years. In February 2008 he resigned, stating an intention to work in property. At his leaving drinks he declared to colleagues “Tudor is finished”. So far, so disillusioned ex-employee.
FPSG became suspicious when it transpired that vast quantities of information had been deleted from Webb’s computer. Key clients of Tudor had also been contacted by Webb to say that he had set up elsewhere in competition with his former employers. These factors together led to FPSG instructing surveillance experts to find out more about Mr Webb’s post-termination activities. This revealed that Mr Webb had set up Alpha Oil and Gas Jobs Limited (“Alpha”) shortly after he had resigned and that he was now working in competition with Tudor in Sutton, together with another recently resigned ex-Tudor employee, Mrs Anna Faratro. Mr Webb and a Mrs Elizabeth Wilcox were the directors of Alpha.
FPSG instructed a surveillance company who posed as start-up sandwich sellers and made an appointment to go and talk to Mr Webb and Mrs Faratro to offer their services at Alpha’s offices. A covert recording was made – of which an excerpt was later played in Court during the application for relief – during which Mr Webb and Mrs Faratro gave the start–up sandwich sellers helpful advice on how to start up a new business and hinted that Alpha had been helped along by the “good old database”.
Forensic computer specialists were instructed to examine the computers belonging to Mr Webb and Mrs Faratro when they were still employed by Tudor. This revealed unusual and unexplained activity on the computers including the accessing of large amounts of confidential information on the server and the attachment of computer interface devices (USB devices) capable of storing documents at key dates prior to the departure of the ex-employees.
There was sufficient evidence of unusual and unexplained activity on these computers coupled with the surveillance evidence to enable FPSG’s barrister, Ms Shirley Bothroyd of Littleton Chambers, to persuade a High Court judge that an order for imaging of equipment at Alpha’s offices should be made. The evidence obtained following the court order showed that Tudor’s client and candidate database had been copied and it was with this stolen information that Webb had set up Alpha Oil & Gas Jobs Ltd . During the execution of the High Court order Webb tried unsuccessfully to conceal memory sticks containing the copied database from the independent solicitor.
The High Court has ordered that neither Webb nor Faratro can work in the oil and gas recruitment industry for the next twelve months. Any breach of this order will be taken as contempt of court and could result in imprisonment. Alpha Oil & Gas Jobs Ltd has had to account to FPSG for their profits and has ceased trading.
In a severe ruling which reflects the seriousness of data theft in today’s clime, Judge Waksman QC stated that should any other person who knows of the notice and deals with Alpha Oil & Gas Jobs Ltd, Roy Webb or Anna Faratro helping or permitting them to breach the terms of the order, that they too could be held in contempt of court and face imprisonment.
FPSG’s managing director John Hailstone said “Whilst we are pleased with the outcome of this case, we are very disappointed as being a people focused business we supported both Roy and Anna during their employment at Tudor, increasing their earnings and careers significantly. We bought Tudor Personnel on the basis of the strength of their clients and contacts which took years to accumulate, and for former staff to knowingly both steal and sabotage this information for their own gain is disgraceful. The severity of this order reflects the magnitude of their wrongdoings and the intent to directly harm our business.”
“FPSG will go to any lengths to ensure that they protect the integrity and assets of the business and we would like to thank our surveillance, legal and IT forensic teams for all their hard work over the last few weeks.
Sarah Birkbeck, the Partner at DMH Stallard leading the case said “The key to resolving this issue for FPSG was to work quickly to build up a strong evidential case against the defendants without alerting them to our suspicions, enabling us to surprise the defendants with the service of the High Court Order which was executed there and then by the forensic team. Roy Webb’s actions meant that he had little option but to admit his guilt. We were able to resolve the matter quickly and commercially after that.”
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