Tribunal decision shakes up personal use of office email

PERTH, Scotland - Dec. 1, 2014 - PRLog -- Tayside Solicitors’ firm, Miller Hendry is advising local employers to ensure that they have clear policies on the private use of company email accounts after an employee at the Community Gateway Association failed to have the content of personal messages he sent from his work email account excluded from a disciplinary investigation.

Alan Matthew, employment law expert at Miller Hendry commented:

“If companies don’t want their staff to use company email accounts for personal messages, then they need to have a clear policy on the private use of company email accounts as well as set out how accounts will be monitored. Employees also need to be aware of their company policies and adhere to them.”

Mr Atkinson, a former employee of the Community Gateway Association, had been emailing an employee at another housing association with whom he was having a relationship.  As well as overtly sexual content, the email exchanges also included a suggestion that the woman concerned should apply for a job with Gateway, and provided her with detailed advice on the selection process.

When the emails were used as part of a case against him, Mr Atkinson tried to claim a right to privacy as set out in Article 8 of the European Convention on Human Rights (ECHR) which provides that, ‘everyone has the right to respect for his private and family life, his home and his correspondence’.

But both the first Employment Tribunal and the Employment Appeal Tribunal, did not agree.  The tribunal said:

“What is ‘private life’ depends on all the circumstances of the particular case, such as whether the conduct is in private premises and, if not, whether it happens in circumstances in which there is a reasonable expectation of privacy for conduct of that kind”

They concluded that in the circumstances, MrAtkinson had no reasonable expectation of privacy, despite his Article 8 ECHR rights. The emails violated the Association’s email policy, which had been drafted by Mr Atkinson himself, and the Tribunal pointed to the fact that the messages were not labelled ‘private and personal’ - as recommended in the policy that he had drawn up.

Alan added:

“It’s an important ruling, but it isn’t a green light for employers to go through individual emails without good reason.  The biggest lesson for companies is ensuring they’ve got a clear policy on the private use of company email accounts in place.   In this instance, it was the ex-employee who had drawn up the guidelines, so there was no question that he was not aware of company policy, but it’s probably worth considering incorporating some sort of regular reminder to staff about what’s acceptable.”

Although Mr Atkinson has lost out on his right to privacy claim, it is not the end of his unfair dismissal claim, as other aspects of the case have been referred back to the employment tribunal by the appeal hearing.

For further information please contact Miller Hendry at www.millerhendrysolicitors.co.uk

ENDS

For more information contact Tricia Fox at t.fox@volpa.co.uk or call 07989 955039

This is not legal advice; it is intended to provide information of general interest about current legal issues.