The Employment Tribunal has recently decided that an offensive email sent by an employee to a colleague using his private email address at the weekend could warrant summary dismissal.
In the case of Gosden v Lifeline Project Limited, Mr Gosden was employed by LP who provided services to HM Prison Service. Mr Gosden sent a racist chain email to a colleague at the weekend using a private email address. The email ended by saying "It is your duty to pass this on".
It soon got forwarded into the HMPS email system, who found out about it and that Mr Gosden was the source. LP was informed that HMPS did not want Mr Gosden working in any of its prisons. LP dismissed Mr Gosden for gross misconduct, claiming he had damaged their reputation with HMPS, one of their biggest clients.
It soon got forwarded into the HMPS email system, who found out about it and that Mr Gosden was the source. LP was informed that HMPS did not want Mr Gosden working in any of its prisons. LP dismissed Mr Gosden for gross misconduct, claiming he had damaged their reputation with HMPS, one of their biggest clients.
The Tribunal found that LP’s reputation had in fact been damaged and held that the dismissal was fair. The Tribunal also considered the effect of the Human Rights Act and the right to privacy.
It considered that as the email had been sent with the intention that it be passed on, it was not a confidential communication and had no privacy attached to it.
This case, although only first instance, is interesting and the principle could extend to social networking. It might be thought that monitoring an employee’s online profile would interfere with their right to privacy. However on the basis of the Tribunal’s decision in this case, it may be that an employee’s online profile on a website designed for public dissemination would not be considered part of an individual’s private life.
A Staff Handbook has become an essential document for any employer, and the availability of clear and lawful policies can
prove critical to the successful resolution of difficult staff issues like these.
However, the speed at which employment law changes means that keeping a Handbook up to date can feel like a never ending task. For example, with the use of social media becoming more and more commonplace in and regarding the workplace, employers are finding themselves in a difficult position where they need to make decisions regarding the reputation of their business whilst entitling their staff to a private life.
Having dealt with a number of these problems Rickerbys’ Employment team have developed a comprehensive Social Media Policy incorporated in our handbook servicing package which provides a professional, sensitive and above all reliable solution to social media usage as well as all other essential policies found in a thoroughly drafted handbook.
We are happy to discuss with you the production and maintenance of staff contracts in line with the requirements of your organisation, which work in conjunction with your Staff Handbook.
For more information on the Staff Handbook service please contact Rachel Roberts on:
Email: rachel.roberts@rickerbys.com
Direct Dial: 01242 246455
