Volunteers are often the bedrock of charitable organisations, but they are not protected from sexual harassment within those organisations.
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.
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For more information or advice about employment law please contact Kate Watkins.
Here at Anthony Collins Solicitors, we have been hard at work advising a charity client, BICMP, on its new music project, ‘Resonance’.
Currently, the only ground for divorce is irretrievable break down of a marriage. Following a consultation, the Government has announced its intention to reform the legal requirements for divorce.
The UK Information Commissioner’s Office (ICO) has recently made some noteworthy changes to its guidance around data subject access requests (DSARs).
In the fourth part of our series on contract management pitfalls, we look at the risks arising out of varying the terms of construction contracts.
A local authority recently received a "roasting" by the Pensions Ombudsman for their delay in processing an employee’s ill-health retirement pension, following her diagnosis with advanced cancer.
The Times is looking for three or four charities to feature in their editions running in December 2019 and early January 2020.
Cliff Mills defines and talks about the importance of social value in his blog, and its potential within Greater Manchester.
Following a power outage at Anthony Collins Solicitors’ (ACS) Birmingham office, our employees and partners currently have limited functionality, including no access to emails.
Joint ventures present an opportunity for housing associations to build organisational capacity, the revenues from which could help deliver on wider social housing commitments.
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