Work relationships and privacy

In any context, a relationship with a work colleague and privacy issues can be a toxic mix. The Employment Appeal Tribunal (EAT) considered a case recently involving both of these ingredients.

The Claimant in the case worked for an NHS Trust and was a Clinical Manager. He was in a relationship with a staff nurse at the same hospital to whom he sent emails using their work email addresses. That relationship ended and the Claimant then suspected that the staff nurse had started a relationship with someone else. He sent emails to both of them, again using the work email addresses and it was thought that the Claimant was behind anonymous emails and a fake Facebook account.

The police became involved although no charges were brought. The NHS Trust as employer investigated his behavior and dismissed him for gross misconduct. The Claimant brought an Employment Tribunal case claiming dismissal on several grounds.  He claimed that his right to privacy under Article 8 of the European Convention on Human Rights had been breached in that private information had been used to justify his dismissal.

The Tribunal held that his right to privacy had not been breached because he had used work emails and his behaviour impinged on work related matters. The Employment Appeal Tribunal agreed with this approach. The fact that the Claimant was a senior manager was also a relevant factor when assessing his conduct overall.

The Employment Appeal Tribunal did concede that Article 8 could potentially include emails sent using work email addresses where there is 'a reasonable expectation of privacy' but as its commonly the case, each case would decided on its own facts.

Link to the case: http://www.bailii.org/uk/cases/UKEAT/2016/0245_15_0103.html

This case is yet another reminder to employers to ensure that their policies and procedures relating to the use of workplace technology are up to date and have been properly disseminated to all staff and understood by them.

To discuss this or any employment related issue, contact us.