In a recent news article, it was stated
that employers have been given the right to read employees’ emails and other
electronic communications. An important question that arises is: can an
employer legally monitor your emails at work? What do the expert solicitors
have to say? According to Curry Popeck,London solicitors, even if your
employer intends to monitor your e-mails or internet use, it is their duty to
inform you of this. This could be via your employment contract or employee
handbook, and it should also be made clear the extent and type of private use
that is allowed. If the matters are taken to court, the court takes into
account all these factors, as happened in the case described below.
In the case in question, a Romanian
employee was asked by his employer to create a Yahoo Messenger account, so that
he could respond to enquiries from clients. An important point to be noted here
is that the company had clearly written a rule that prevented employees from
using company equipment for personal purposes.
The employer, on monitoring the employee’s
communications found that he had been using it for personal reasons. However,
the employee denied it. So a printout was produced by the employer as proof and
the employee was eventually dismissed.
The employee claimed that his dismissal was
unfair as his right to privacy had been breached by his employer. On carefully
examining the facts and employment terms and conditions, it was found by the
Romanian court that the employer was entitled to monitor the employee’s use of
work computers to make sure that they were being used only for professional
reasons.
The employee appealed unsuccessfully and so
he brought his claim to the European Court of Human Rights. He pointed to
Article 8 of the European Convention on Human Rights, according to which everyone
has the right to respect for his private and family life, his home and
correspondence.
The Court said the breach was out of the question.
Romanian employment law struck a fair balance between the employee’s right to
privacy and the interests of the employer.
It further said that it is not unreasonable
for an employer to ensure that the employees are completing their professional
tasks during working hours. So, the case was dismissed.
According to the employment law experts at
Curry Popeck,law firm in Harrow, an employer’s
right to monitor an employee’s emails is governed by the Data Protection Act
1998, according to which if an employer monitors the use of e-mail of his
employees and collects their personal data, then he/she must tell the employees
how he intends to use the information and then use it for that purpose only.
If you think that your employer has
illegally monitored your e-mails or if you are dealing with any issue
pertaining to employment, contact Curry Popeck, one of the leadingHarrow law firms. With the extensive knowledge and experience
of their employment experts, you can rest assured that the recommended course
of action will help you achieve the best outcome for your case.
To know more about your rights as an
employee or to schedule an appointment with them, visit-http://www.currypopeck.com/
No comments:
Post a Comment