Q: I have a line manager who has accessed a colleague’s email account without permission and is now using the email in a disciplinary hearing against the colleague, is this legal?
Jul 29 2008
Answered by: Peter Done Ask a question
Maybe, it depends whether you have a policy on the use of your company email systems which clearly sets out the circumstances in which employees may or may not use the email for communication.
Generally employers should not read emails which are evidently personal or private. Employers are entitled to monitor their employees, but must demonstrate good cause for monitoring and therefore any monitoring of email message content must be informed to employees and considered carefully.
As a general rule it is probably fair to say that any monitoring should be necessary and relevant to the business. The methods used to carry it out should be proportionate and not unduly intrusive into an individual’s privacy.
Employers should only undertake covert monitoring in the rarest circumstances where it is used for the prevention or detection of crime. If your colleague has failed to adhere to company policy then disciplinary action may be appropriate.
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