Employees frequently use work email systems for private emails. Occasionally these emails may be relevant to disciplinary or other processes.
Can the employer lawfully read private emails or use them in any formal process?
The Human Rights Act protects employees’ rights to private life and this includes personal emails even if they are sent or received on the employer’s systems. This affects lawfulness in different ways and could mean that emails that are relied upon turn out to be inadmissible.
So what can an employer do to make sure they are entitled to access and use these emails?
An employee can only rely on the right to private life if they have an expectation that emails will be private.
So the employer must adopt an email, internet and electronic communication policy that makes it clear that there can be no expectation of privacy.
- Agency Workers
- Case Studies
- Allegations of Sexual Abuse
- Associations with those convicted of a serious criminal offence
- Diabetes and Disability
- Human Rights
- Knowledge of Disability
- Reasonable Adjustments
- Reasonable Adjustments and Time Limits
- Religion & Belief
- Requirement of formal interview is disability discrimination
- Restrictive Covenants
- Right to be Accompanied
- Sexual orientation
- Social Media
- Strike Outs
- Time Limits
- Unfair Dismissal
- Voice Recording Meetings
- Worker Status
- Working Time
- A new flexible working culture for the UK?
- Discrimination Questionnaires bite the dust
- Disqualification by association
- Employment Tribunal Fees
- Mandatory ACAS Conciliation?
- Massive reduction in ET Claims
- New Regulations
- Obese Employees and Disability
- Partners' New Rights to Attend Ante-Natal Appointments
- Pensions auto-enrolment
- Redundancy and Maternity Leave
- Shared Parental Leave
- SSP no longer reclaimable by Employers
- The European Court of Justice says: 'holiday pay must include commission'
- UK Constitution
- Unfair Dismissal Compensation
- Without Prejudice and Protected Conversations
- Zero Hours Contracts