A group of Anthony Collins Solicitors (ACS) experts from across our various client sectors have gazed into their crystal ball and given us a view on how 2021 is looking.
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.
Luton Borough Council was prosecuted by the HSE late last year following an incident at a high school in which an assistant headteacher was attacked by a pupil and left with life-changing injuries.
This ebriefing looks at the proposal to set out 'public procurement principles' in the proposed procurement legislation.
Happy New Year - our first newsletter of 2021! Throughout this year we will continue to bring you news and developments relating to the charities sector.
Local authorities should be wary of reserving contracts for local suppliers, as recommended by Procurement Policy Note (PPN) 11/20. Other contracting authorities may want to maximise their use of this
Most housing practitioners have perhaps been waiting for this news since the latest lockdown was announced by the Prime Minister on 4 January 2021.
Climate change and biodiversity is an area where significantly faster changes are needed on a global and local basis.
Chris Lloyd Smith, Adrian Leonard and Lisa Whitehouse discuss the planning opportunities available to owners of businesses and how to prepare for unforeseen events.
In their 3rd podcast of the series, Chris Lloyd-Smith and Maria Ramon discuss a number of problems with and difficulties that can arise in mediation and the mechanisms they use to overcome them.
Our previous round-up began by sharing the news that two vaccines had shown very promising test results. Here we are, not even a month later, and the first vaccines have already been administered!
To receive invitations to our events, as well as information and articles on legal issues and sector developments that are of interest to you, please sign up to Newsroom.