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1. jammy_p - Member

   I'm currently going through the process of an employment tribunal with my previous employer. We've got to the stage where we exchange a list of relevant evidence that each party has. My previous employer says that they have emails between me and a mate about what happened at work for me to start the tribunal. They've clearly been reading through them to find this info. Granted this was on works email, but I had all emails to my mate separated into a folder, named after him. IMO, these emails were clearly personal emails, and not to do with work i.e. not a supplier, customer etc.

   Question is, are they within their rights to be doing this, or have they been a bit naughty? Answers with some evidence to back you up please!

   Posted 2 years ago #
2. mudsux - Member

   afaik - your work email box remains the property of your employer.
   Evidence? I have a friend who was politely asked to leave. If he didn't they would go through his email to find any evidence of abuse or wrong doing and take it from there.

   http://www.guardian.co.uk/money/2007/jun/25/workandcareers

   So, if your employer does want to check your emails they have to be upfront about it - they must have a policy on internet and email use. Just make sure you know what's in it before you protest your innocence.

   Most companies do.

   Posted 2 years ago #
3. vikingboy - Member

   AFAIK they have the right to read and access your email - its on their system, it belongs to them.

   Its worth getting a hotmail/yahoo/google account for anything like this in future.

   Posted 2 years ago #
4. Ambrose - Member

   Sorry mate, as above.

   Posted 2 years ago #
5. Gordy - Member

   As you probably know, it's a grey area. I think it rather hinges on whether they had an email policy and had made you aware of it. Were you aware of any monitoring or limits on personal use?

   Posted 2 years ago #
6. spacemonkey - Member

   Writing personal emails using a work account is just plain daft. Always, always, always use your personal account. End of.

   The same goes for Skype and any other "comms" app that you might use on behalf of your employer.

   Posted 2 years ago #
7. spacemonkey - Member

   BTW, my comments above are not based on technical or legal reasoning - more a case of common sense, i.e. if you want to say something, then say it somewhere where it's gonna be harder to trace back to you.

   Posted 2 years ago #
8. cookeaa - Member

   You're using their hardware & software, presumably during time they have paid you for, can't really see how you can claim invasion of privacy... Anything you produce at work on their computers belongs to them, they have literally paid for it...

   Posted 2 years ago #
9. prettygreenparrot - Member

   Did you read the computer use policy at work? Work email is a service provided by your employer for the business of doing work. Some employers recognize that it is handy for occasional personal use and incorporate a 'reasonable use' clause in the policy. That is a privilege. For security reasons employers generally maintain the right to check, read, search & file email as part of the use policy. It sounds reasonable. It probably has reduced value in a world where folks carry BlackBerrys, iPhones & other email/photo capable devices.

   Posted 2 years ago #
10. lowey - Member

    Always use a personal email provider such as gmail or hotmail.

    Posted 2 years ago #
11. dmiller - Member

    I have seen people leave after work checked thier emails. Sorry but its your work email. They may not mind a bit of personal use but they can check it. Sorry!

    Posted 2 years ago #
12. jammy_p - Member

    I'm not particularly bothered by it, I was just wondering. I don't really care that they read what they did. The company wasn't professional in their ways, so using their work email for personal use wasn't seen as bad within the company at all. I'm now at a much more professional company, and give them far more respect regarding email use, phone calls etc.
    I did read somewhere last night though that you're supposed to be allowed some time for personal email and phone use, as long as it doesn't interfere with your work. I also read on the same document that if your employer is looking through your email (which I believe they can), and they come across an email which is personal, and not work related, then they are not supposed to be reading it, end of. I'm just not sure how I sit in the rules really (a grey area, as mentioned).

    Posted 2 years ago #
13. jimmy - Member

    Day-to-day your work e-mail is YOURS and private, but if they have reason to investigate they can. I used to work in the e-mail support dept for a global bank, where American law demanded they keep ~7 years of everyone's e-mails. Thats EVERYTHING.

    However, backups rarely worked :/

    Posted 2 years ago #
14. z1ppy - Member

    as per Jimmy, a place I used to work as dearly wanted to get rid of some-one and knew that he was getting 'dodgy' emails, but couldn't offically touch him for this due to the data protection act, unfortunately I don't know the details.

    Posted 2 years ago #
15. Google - Member

    It seems to be a grey area, and Ive heard it answered both ways in the past.

    http://www.lawdit.co.uk/reading_room/room/view_article.asp?name=../articles/2303-IA-Can-Employers-read-your-personal-emails.htm

    This goes through it in a little more detail, but unless you're willing to fight through the courts I suspect you might just have to put up with it.

    Posted 2 years ago #

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