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 or advice about employment law please contact Kate Watkins.
The Lifeline Project was a well-regarded charity. Failure to carry out the targets within the contracts led the charity into insolvency and resulted in a personal, 7-year disqualification order.
On 23 July, trainees from Anthony Collins Solicitors will host an ‘experience day’, which will involve various activities and presentations, with lawyers and non-lawyers from across the firm.
The Office of the Immigration Services Commissioner (OISC) has launched a new scheme specifically for charities and not-for-profit organisations who want to advise EU citizens on UK settlement.
In the second part of our series on contract management pitfalls, we look at the risks and opportunities presented by payment mechanisms in construction contracts.
Under most construction contracts, the contractor takes on the ground conditions risk. However, a recent case has demonstrated that the risk can fall on the employer.
The UK Government has been consulting on how it should promote social value in its procurements. Here is our response that we submitted to the consultation...
The Tenant Fees Act 2019 came into force on 1 June 2019.
A recent case in the Court of Appeal will no doubt bring a sigh of relief for employers, but a corresponding sigh of disappointment may be uttered for equality and gender balance in the workplace.
This briefing assists response to the consultation paper by outlining the consultation questions, providing some background information and prompting some thoughts and potential answers.
A report published on 29 May by the Institute for Fiscal Studies (IFS) has found that since 2009-10, local government spending on services has fallen on average by 21% in real terms.
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.