In the case of Barbulescu v Romania, the employer had a clear policy in which all personal use of the employer’s IT systems was forbidden. Here, the employee had used his personal email account during work time and via the employer’s systems. Upon discovery, the employer was invited to a disciplinary hearing alleging a breach of the policy and was dismissed. The employee claimed that his use had been professional only and he had not used the system for private use. In bringing a claim for unfair dismissal, he argued that his employer had breached his human rights, specifically his right to the respect for private life, in accessing his emails whilst at work.
Whilst the case is unlikely to be a green light for employers to trawl through personal emails freely, it confirms the position that if a robust policy is in place and an employee uses a work computer to access private emails, monitoring can be permitted.
We would encourage employers to check policies, ensure that they allow you to monitor all of your systems and check that your rules for using those systems are clear. If you wish to dismiss an employee for using your work systems, a Tribunal will want you to show evidence of the breach but also, and importantly, that a clear policy was in place.
For more information
For more information or advice about employment law please contact Kate Watkins.
Latest news
New code puts complaint handling in the spotlight
he updated Housing Ombudsman’s (HO) Complaint Handling Code (the New Code) will become a statutory requirement on 1 April 2024 and will bring a significant step change for registered providers (RPs).
Monday 25 March 2024
Read moreAnthony Collins appoints returning partner as new head of funding
Specialist law firm Anthony Collins (AC) has appointed a new head of funding, returning partner, Jon Coane. Jon brings with him over 25 years of experience as a social impact […]
Wednesday 13 March 2024
Read moreLatest webinars and podcasts
PODCAST: 12.07% holiday accrual is back… But not for everyone!
In the podcast we will outline the new Working Time Regulations legislation in detail, noting when the provisions coming into force, whilst also providing practical examples and guidance for employers across all sectors.
Friday 1 December 2023
Read moreRenters Reform Bill webinar – June 2023
The Renters Reform Bill proposes a seismic change to housing management practices, abolishing assured shorthold tenancies and 21 notices entirely and making changes relating to rent increases, pets, possession grounds and more.
Friday 18 August 2023
Read more