Reading staff email

[Pab]

Could someone please let me know/point me in the right direction regarding an employer's rights to check staff email? There is nothing in the contract of employment mentioning email.

Are we allowed to read email sent to and from the employee's work email account without invading privacy? Is it legitimate to do so?

 

[Consistency]

I would absolutely hope it is legal to do so. There are people here who know more than me on this but I would certainly think it is a good thing to do. As an employer anthing being sent out on a work e-mail carries the company name. You have, or should have, the right to see everything on it.

I would in this circumstance make it clear to employees before giving them access to "their" e-mail address that it is property of the company and is not to be used for anything other than work and every e-mail is subject to inspection. They would not be allowed to change their passwords. I think there is something that you can do with this in the settings.

 

[Tej]

Most companies usually have a disclaimer on their emails that the contents of the email are not neccessarily the views of the Company".. or something to that effect.

Why would anyone want to inspect the staff emails?..

why not insist or make it company policy that they copy you in every email that they send and receive...would make interesting reading?

my 2 cents

 

[Pab]

Why would anyone want to inspect the staff emails?.

I do not wish to say why at the moment as parties involved could read this, though that's extremely unlikely, but we have good reason. I just first need to check that it's above board to do so!

 

[KM-Tiger]

why not insist or make it company policy that they copy you in every email that they send and receive...would make interesting reading?

Some companies have that built into their email systems - every outgoing email goes into an archive with read-only access to the user and their managers.

 

[saxondale]

I would absolutely hope it is legal to do so. There are people here who know more than me on this but I would certainly think it is a good thing to do. As an employer anthing being sent out on a work e-mail carries the company name. You have, or should have, the right to see everything on it.

unfortunately I have a sinking feeling you`re wrong.

 

[Consistency]

unfortunately I have a sinking feeling you`re wrong.

So do I, probably some stupid employment law thing protecting their rights.

It is asked why would we want to inspect e-mails, the disclaimer saying that it is not the view of the company would not convince me any more than a snotty Tesco checkout girl carrying a disclaimer saying she is not necessarily acting on behalf of Tesco - she is in the uniform, she is in staff time, she is in the building!

I would want to inspect the e-mails for the very same reason that if an employee had his "own" office, I would want the right to inspect every draw in it, after all it would be my company paying for the rent and for everything in it.

The only thing in the office that I could agree with excluding for searches or inspection is their personal bags or the lockers that are allocated to them and even then should the time and necessity arise, these should be inspected too in the event of drug suspicion, thefts etc but of course this should all be in the contract anyway so there is no doubt in the employees mind that they are using company e-mails for example and they do not own it.

Of course I agree all of the above is probably wishful thinking but is nevertheless perfectly reasonable to me.

 

[Pab]

I should point out that I want to read emails sent to and from the work email address on a company PC... one of the email addresses and PCs my company owns. I have no desire to intercept or invade personal emails sent by 3rd-party providers used during work time.

I'm with Consistency 100% on this, but the reason I am here is because of a niggling doubt that I'm not allowed to fully inspect and read what I own and pay for. Hopefully a legal expert will be along soon to shed some light.

 

[S-Marketing]

Sax, you are probably right. Consistency seems to be using good old fashioned common sense in his answer, surely this is of no use in a question related to employment law.

Personally, if my staff send an e-mail in my time, in my office, using my computer, if I want to read it, I damn well will.

unfortunately I have a sinking feeling you`re wrong.

 

[Consistency]

I should point out that I want to read emails sent to and from the work email address on a company PC... one of the email addresses and PCs my company owns. I have no desire to intercept or invade personal emails sent by 3rd-party providers used during work time.

I'm with Consistency 100% on this, but the reason I am here is because of a niggling doubt that I'm not allowed to fully inspect and read what I own and pay for. Hopefully a legal expert will be along soon to shed some light.

For legal advice, especially with employment, and this is not to demean anyone here who as I said earlier know a lot more than I, always seek proper legal advice. If you are a member of FSB, they have a free legal helpline and this comes with insurance. Should anything go wrong if you take advice from a forum, will not be good if there is anything slightly wrong, you are took to a tribunal for whatever reason and they ask, where did you get your advice from, if you then say a forum, you will look like a berk!

Good luck.

 

[Pab]

For legal advice, especially with employment, and this is not to demean anyone here who as I said earlier know a lot more than I, always seek proper legal advice. If you are a member of FSB, they have a free legal helpline and this comes with insurance. Should anything go wrong if you take advice from a forum, will not be good if there is anything slightly wrong, you are took to a tribunal for whatever reason and they ask, where did you get your advice from, if you then say a forum, you will look like a berk!

Good luck.

Thank you. I do know this. I'm just gauging responses at this time and seeing if anyone else has had the same. Had it been cut and dry it would be far simpler, but I'll surely be taking legal advice.

 

[cjd]

Are we allowed to read email sent to and from the employee's work email account without invading privacy? Is it legitimate to do so?

Unless you have policy on it, no. Google is your friend.

http://blogs.findlaw.co.uk/solicitor/2010/05/can-my-employer-look-at-my-emails.html

 

[ORDERED WEB]

many employers use thin clients & servers where the IT dept can view a desktop remotely

many employers have a IT dept that filters email etc. All you need is a publicised AUP policy and a line or two in the contract of employment, and you can look at / prohibit whatever you need to

 

[Employment Law Clinic]

I agree with CJD, but it's always better to get answers from the source:

• the Information Commissioner’s code* (see page 64 for electronic communications)
• a quick guide from the ICO
• employer's pages

You have the right to monitor or check what employees are doing on your computer systems, but you are strongly recommended to have clear policies to justify & explain the purposes of this & how the information could be used.


According to the quick guide "workers are entitled to some privacy in the work environment". While I agree with this, that doesn't need to apply to emails sent from office computers.


Get a policy in place, and monitor away...



*as an official Code of Practice, the ICO's code can be considered by employment tribunals in the same way as the Acas codes are - they're not legally binding, but tribunals should take them into account (although they don't always).



Karl Limpert

 

[Consistency]

I think employees have far too many privacy rights, especially while they are using computers.

The only place they should have any privacy at all is the toilet and their personal bag or allocated locker.

 

[Pab]

I agree with CJD, but it's always better to get answers from the source:

• the Information Commissioner’s code* (see page 64 for electronic communications)
• a quick guide from the ICO
• employer's pages

You have the right to monitor or check what employees are doing on your computer systems, but you are strongly recommended to have clear policies to justify & explain the purposes of this & how the information could be used.

According to the quick guide "workers are entitled to some privacy in the work environment". While I agree with this, that doesn't need to apply to emails sent from office computers.

Get a policy in place, and monitor away...

*as an official Code of Practice, the ICO's code can be considered by employment tribunals in the same way as the Acas codes are - they're not legally binding, but tribunals should take them into account (although they don't always).

Karl Limpert

Thank you Karl. Very useful advice.

 

[Employment Law Clinic]

I think employees have far too many privacy rights, especially while they are using computers.

The only place they should have any privacy at all is the toilet and their personal bag or allocated locker.

I think Consistency's posts include far too many comments that belong in the privacy of a toilet, especially while they are using computers!

I do have to admit though, they are consistent in their posts, and I do agree with this point.



Karl Limpert

 

[KM-Tiger]

Not arguing with the legal experts, but this has always struck me as bizarre.

Before we had computers did we have to have a filing cabinet policy in order to read its contents?

 

[saxondale]

I think employees have far too many privacy rights, especially while they are using computers.

The only place they should have any privacy at all is the toilet and their personal bag or allocated locker.

and even then - not if you have a drug free policy

 

[Consistency]

and even then - not if you have a drug free policy

Absolutely as they could be bringing drugs into the workplace.

We do staff searches and this is in their contract, we search their lockers randomly while they are present, search their cars and also search their bags etc.

There are some large factories etc where employers request this is done and they know not to have anything illegal in their car if parking it on the company premises and if wise know not to bring in anything illegal nor steal as there is a chance they will get caught.

This is all in their contract and they are made well aware of this and agree to that before they start working there.

 

[shirley thomaS]

I work in HR and my understanding of the e-mail situation is that you can only read the subject line of the e-mail if you then wish to view and read them you must ask their permission. We have in our contract that if we suspect misuse of company equipment which is classed as gross misconduct we will enter any messaging system.

Hope this helps