Our monthly review of key cases and new law affecting
employers
Employee monitoring – behind the headlines
Decision: Despite the headlines, a recent
decision of the European Court of Human Rights (ECtHR) on workplace
monitoring does not quite give employers the green light to monitor
their employees' personal emails and private messages.
In this case, the employer asked an employee to set up a Yahoo
Messenger account for business purposes. During a period of
monitoring this account, the employer uncovered personal use of the
account in breach of company regulations which expressly prohibited
the use of company computers for personal purposes. Although the
employee denied using the account for personal purposes, during a
disciplinary process, he was presented with a 45-page transcript of
communications which included exchanges with family on personal
matters. He was dismissed. Whilst the ECtHR accepted that there had
been an interference with the employee's
