'Employer viewed our emails, now they think it's gross misconduct'?

[honeybee13]

Hello guys. Once again, I'm acting as go-between for the other forum and we need your help, or rather goldie66 and her colleagues do.

 

It's quite a long thread and I'll copy and paste her comments after mine. The company, or a department which sounds 'sick' in corporate terms, has monitored the emails of one staff member, 'J' [because she complained of being sexually harassed, but that's an employment issue]. In doing this, they uncovered some emails that goldie sent to some colleagues and decided some were offensive. Goldie says one was from a Wallis clothes catalogue and nothing worse than many of her colleagues view in the Sun every day.

 

So some of the emails were 'offensive material' and others were Goldie supporting her colleague who was being bullied and calling the bully a few names, as I understand it.

 

It's getting very complicated and J is at a disciplinary meeting on Monday. Goldie had her meeting yesterday, but has not been told the outcome.

 

This is what Goldie66 just posted:

 

IT issues:

 

1. Can a personal email be deemed as offensive if it it viewed (without authorisation) by the person discussed in the email?

 

2. The personal emails were not sent with any intention to offend.

 

3. The email recipient did not find the email offensive.

 

4. In my staff handbook, an email can be offensive if it contains 'libellous, defamatory, obscene or untrue statements'. The content of the email discussed a manager who was actively bullying the email sender at the time.

 

5. The manager authorised the monitoring of the victim's emails and was subsequently shown them by HR (they were doing the monitoring). On viewing the emails the manager felt distressed and offended.

 

Do you think this is clear enough and covers everything needed?

 

Thanks again HB

G66x

 

 

HB again now. If anyone has time to have a look at the thread, it would be great. Thanks, I owe you a half of shandy [virtual], IT people.

 

This the link [i hope, not good at this, to the Employment thread. [b]Re: Suspended for Gross Misconduct. Meeting with Investigating officer tomorrow. HELP please[/b]

 

Honeybee13 xx

[locutus]

http://www.consumeractiongroup.co.uk/forum/employment-problems/262838-suspended-gross-misconduct-meeting.html is the thread.

[honeybee13]

Thank you locutus. I didn't do a very good job on this one, too many sherberts at lunchtime, I fear. And I could have used a better title with hindsight, but now I can't change it without the site team, can I?

 

This case is sounding worse and worse as the details come out and if anyone can help, I'm sure Goldie and her colleagues will be very grateful.

 

HB

[maroondevo52]

but now I can't change it without the site team, can I?

 

 

What would you like it changed to

[honeybee13]

Hi Scott, I wish I could think offhand. Do you have any good ideas please?

 

HB x

[maroondevo52]

Hi, HB.

 

Thread title changed per your instructions

 

Regards.

 

Scott.

[honeybee13]

Thank you Scott, you lovely person. I didn't mean to instruct, just humbly suggest. I guess the football's over, as people have started reappearing? I'm not watching.

 

HB

[maroondevo52]

I was'nt watching either, was out for a meal in Edinburgh and heard a big cheer and shouts of 'Born in the USA' I take it thats when the Americans scored.

[honeybee13]

Right, it wasn't Scotland after all, so you might not want to watch. I wonder when Springsteen is going to learn to sing in tune? Only my opinion , if he was a Brit then my saying this would probably be treason.

 

Thanks maroondevo.

 

HB

[Conniff]

Acas - Advice leaflet - Internet and e-mail policies

[honeybee13]

Thank you Conniff, I didn't know about that link. I'll tell our OP.

 

HB

[Conniff]

There was one on the BBC site about someone went to court about human rights and won, I think they had a fair bit of compo, but I can't find it and I only read it yesterday.

Will link if I do find it again.

[goldie66]

Conniff! You are my hero! ACAS leaflet is excellent-feeling very hopeful about the whole thing now! Please let me know if you find the stuff from BBC site.

 

Thank you so much

G66

[honeybee13]

Thank you from me too, Conniff, interesting stuff. I'll post the link on Employment in case it helps anyone else.

 

HB

[Conniff]

I've been searching as many employment lawyer sites as I can so here are a couple of snippet from those I have read:

 

"It may surprise you to learn that you have no legal right to use your computer to access the internet or for private email for personal use at work. There's no law specifying that employers must allow you time for these activities. What the law does say is that everyone is entitled to respect for their private and family life, and this extends to the workplace, so you have a degree of privacy. That's how several people have won cases against employers who have videoed them. Even if you are monitored, it's likely that your employer would overlook a reasonable amount of time spent in private correspondence. But remember that some privacy is a privilege - not a right - and the law preventing employers from workplace computer monitoring is just as vague."

 

"

Does the Law Protect My Privacy Regarding Emails At Work?

 

There are two main principles governing your email privacy in the workplace. There are laws protecting you, and laws protecting your employers.

 

On the one hand, you're in the workplace. You're on someone else's time and money. The law thus allows employers staff monitoring; and they can do this for all kinds of reasons - some of which can, unfortunately, be used to veil ulterior motives. Nevertheless, the person paying your wages is entitled to fire you for email misuse, and - more importantly - they can monitor your email usage to find out whether you're guilty of it.

On the other hand, the Human Rights laws state that everyone is entitled to respect for their private and family life. This translates into a reasonable amount of personal correspondence. You can write letters and receive telephone calls from family and friends, using discretion to decide when it's necessary or important. This right now covers emailing, too. After all, how else do you maintain a social life when you're at work 9-5?

 

In April 2007 an employee at a Welsh College won a case against her employer, who had been monitoring her emails. She claimed they were intruding on her privacy; they claimed they were trying to find out whether she was misusing work hours. She won because the employer was shown to be infringing her right to a privacy.

But don't presume the courts will rule in your favour: in 2006 a survey of UK businesses showed that a third had fired an employee in the last 12 months for email misuse. Stop to think before you forward that cheeky Christmas e-card: otherwise you could be one of the next ex-employees"

 

This is the BBC article

 

Remember that your emails will need to be monitored in your absense especially when you are away on holiday or maternity leave etc; so I don't think you, or anyone else, will ever get a blanket ban on them being monitored.

[goldie66]

Thanks again Conniff!

In my case, my emails were supporting a victimised colleague and there were only 3 in total so don't think they could argue I was using email for personal purposes in their time. The emails were obviously work related anyway.

There are strict guidelines as to email monitoring in my employee hand book which states 'it should only be used a last resort if the 'offender' had already been warned about email misuse and was believed to be continuing'-this wasn't the case at all.

 

G66