Gross Misconduct

[northernladuk]

I would ask two questions:

1) Why did you look at her emails? Was it targeted specifically at her do have you looked at everyone's emails?

2) What do you think she has done. I assume you are focusing on the "shall not make use for himself/herself of" Do you have any proof she has done this? Are they still a customer?

Unless you can answer those two questions confidently, you are onto a loser. You can update your handbook and reiterate the Info Sec policy, maybe think about a web/mail guard to stop people sending stuff to their own accounts

Absolutely this.

If you do go for dismissal you'll be straight into a tribunal which will be costly to defend and you'll be advised to pay her off with a guarantee of a good reference.

[SimonMac]

Absolutely this.

[GillsMan]

I would ask two questions:

1) Why did you look at her emails? Was it targeted specifically at her do have you looked at everyone's emails?

2) What do you think she has done. I assume you are focusing on the "shall not make use for himself/herself of" Do you have any proof she has done this? Are they still a customer?

Unless you can answer those two questions confidently, you are onto a loser. You can update your handbook and reiterate the Info Sec policy, maybe think about a web/mail guard to stop people sending stuff to their own accounts

Good questions. Firstly, I have already accepted that I was onto a loser (which is really why I posted here - to check whether my initial concerns were reasonable - and it's been made clear that they weren't). Unlike a lot of posters, I posted with a particular view, read other opposing views, and realised that the opposing views were the more sensible ones. So that's a good thing I think (and hardly indicative of a control freak for example).

To answer your questions, no, her emails were targeted specifically - I've not checked anyone else's email. She's not happy in her role, and she's annoyed at me for various reasons. She has told me that she believes we "need" her, which is not true, as while she's talented, she's also quite junior. When she joined us, she brought some stuff from her previous employer, which was concerning (and we didn't use it), and obviously I'm worried she'll do the same, hence me checking her emails.

I don't know why she forwarded the email, but as others have said, it's likely there's an innocent explanation, and so I'm not going to pursue it. What I am going to do is make our policy wording clearer and I'm definitely going to look into some sort of web/mail guard - that's a great idea. Thanks for the suggestion.

[Danglekt]

if she was up to no good she would do more than email one email to another account. She could very easily copy and paste text from emails into a web browser with her personal email open and email it to herself that way without being spotted.

Sounds like you have a major trust issue, and seeing her attitude decay might well be in reaction to your actions, creating a downward spiral.

If I had ever been sacked over something like that I'd be doing all I could to get redress as its a complete over reaction

[BlasterBates]

Sounds to me like she's copying the e-mail to work on at home. A lowly employee doesn't pinch clients, that's what business partners do.

[psychocandy]

OP - this can only end badly if you pursue.

I've seen this before at large organisations. Even though people are told don't do this with email, don't do that, its just hassle if you look at employees emails. It just goes bad with tribunals etc, why were you looking, invasion of privacy etc rather than what they did wrong becomes the focus.

Yes I know. Its work emails surely the employer "owns" the data but its not the case. Honestly, HR wont even entertain logging into a users account and checking their emails even if wrongdoing is happening - its just too much possible hassle.

At current client, we get email issues. Blocked emails, caught by spam filter, rude words or whatever. We get told if you have to look at an email in cases like these - make damn sure you can justify from a technical point of view, why you absolutely had to check the email content, or big trouble will follow if the user finds out.

[GillsMan]

Yup - completely agree with all points - an overreaction on my part caused by a decay in relations. There are better and more productive ways to resolve, and I'll look at exploring those. Just wanted to thank everyone for their thoughts and advice, and for steering me onto a better path. Cheers!

[MrMarkyMark]

Honestly, HR wont even entertain logging into a users account and checking their emails even if wrongdoing is happening - its just too much possible hassle.

Would suggest that this actually depends on industry and their preception of confidential data.

A contractor working for a big American investment bank got walked off site, the very same morning, when they discovered he had sent code, to work on from home, to his personal mail address.

[DimPrawn]

Would suggest that this actually depends on industry and their preception of confidential data.

A contractor working for a big American investment bank got walked off site, the very same morning, when they discovered he had sent code, to work on from home, to his personal mail address.

Contractor. Rights = none.
Employee. Rights = lots.

BIG difference.

[suityou01]

Yup - completely agree with all points - an overreaction on my part caused by a decay in relations. There are better and more productive ways to resolve, and I'll look at exploring those. Just wanted to thank everyone for their thoughts and advice, and for steering me onto a better path. Cheers!

Up until this post I thought you were a total that should be more gracious. You have a thriving business and are better off than most.

But as I say, you have now posted this so I only think your a and not a total

Now be off with you.