In a recent decision of the Employment Appeal Tribunal it held that in the particular circumstances the case that an employee who had no reasonable expectation of privacy regarding emails and photographs that the police pass to his employer.
Although Article 8 of the European Convention on Human Rights (the Convention) provides that everyone has the right to respect to their private and family life, their home and their correspondence. It held that what is covered by a private life depends on the circumstances, such as whether there is a reasonable expectation of privacy.
In this case the person involved had decided to bring the issue into the workplace in particular as a result of emails having been sent to work email addresses which had adverse consequences for employees for whom the employer had a duty of care. The police had given the employer permission to use the material they had provided. Once the individual knew his emails had caused an employee distress he could not have any further expectation of privacy regardless of whether emails were sent to his private email address or referred to their former relationship.
Employment advice about privacy at work
If you have any questions about privacy in the workplace, call to speak to a specialist employment lawyer using the telephone numbers below. Bray & Bray have three main offices across Leicestershire, feel free to phone or pop in to talk to our solicitors.