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ARTICLE · 15 OCTOBER 2014

Employees Beware – Email Usage In The Workplace

Mason Hayes & Curran LLP
Mason Hayes & Curran LLP
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Mason Hayes & Curran LLP

Mason Hayes & Curran LLP

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The use of emails by an employer discovered in the course of an employee disciplinary investigation does not amount to an unjustified interference with that employee’s private life.

IrelandEmployment and HR
Philip Nolan
Philip Nolan
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The UK Employment Appeals Tribunal (the "EAT") has held that the use of emails by an employer discovered in the course of an employee disciplinary investigation does not amount to an unjustified interference with that employee's private life. The right to privacy set out in Article 8 of the European Convention on Human Rights ("ECHR") was held not to apply to work emails. This case is noteworthy as this issue often crops up for employers, and as the ECHR applies in both the UK and Ireland.

Facts

The case, Atkinson v. Community Gateway Association (UKEAT/0457/12), centred on the termination of employment of Mr Atkinson. Mr Atkinson had been the Director of Resources at a housing association, Community Gateway Association (the "Association"). Disciplinary proceedings were launched in late 2010 following the discovery of a significant overspend by the Association.

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