Gross Misconduct

[GillsMan]

Hi all,

After some views here. MyCo Ltd is an employer of 6 permanant full time members of staff. I've got an issue with one of them: I've had a look through her work emails and I've noticed that she has forwarded an email from a client to her personal email account. She’s working on this client account, and the email contained details of next steps, and work they wanted to do.

Our handbook, which the employee has signed to acknowledge that she has received a copy of, states this:

Confidentiality:

Either during or after the termination of the employment, an employee shall not divulge, shall not communicate to any person, shall not make use for himself/herself of, and shall use his/her best endeavours to prevent the publication or disclosure of:

1. Any trade secret
2. Secret or confidential operations
3. Any confidential information concerning our organisation, business or finances
4. Any dealings, transactions or other information whether relating to us or any customer of or supplier to us which an employee has come to know, has received, or obtained by reason of his/her employment.

For the avoidance of doubt and without prejudice to the generality, the name and addresses of our customers and suppliers and details of our special processes are confidential. The restrictions do not apply to information or knowledge which is in the public domain.

What do you folks think? Does this sound like gross misconduct to you? We've had a few issues with her attitude generally, but her work is generally of a good standard. But her attitude is rapidly deteriorating. Any thoughts, much appreciated - though I appreciate this is a forum for contractors!

[LondonManc]

Where I am contracting now, she'd be off site before the end of the day for that.

[vetran]

you have permission from HR to look through her mails?

[DimPrawn]

You ready for a sex discrimination / sexual harassment case at the "employee always wins, employer get £5m legal fees" tribuneral?

Speak to a contract/employment lawyer.

No one here but pretend businesses milking the tax system and laughing at poor people.

[minestrone]

you have permission from HR to look through her mails?

I think he is the employer.

[GillsMan]

you have permission from HR to look through her mails?

It's a good question - we don't have an HR department, but our handbook does have this to say on the matter:

Monitoring of communications
We are able, and reserve the right, to monitor all communications (including personal ones) made by email or through the use of telephone systems (including faxes), mobile phones, the internet and by voicemail.

Monitoring is only undertaken to the extent required or permitted by law and as necessary for our legitimate business purposes.

It was her work email that I looked through, not her personal email fwiw.

Oh yeah, the employee has been here for only 9 months, but has passed her 6 month probation. So she hasn't reached the two-year protection thing.

[MarillionFan]

I regularly bounce emails back and forth between work and personal, not considered an issue.

Your 'evidence' is spurious to say the least and doesn't show any breach. Your deciding to go through their work emails without warrant is a breach though.
To dismiss a member of staff you need to have gone through the right processes. You haven't done that.

Already enough evidence to sue you for wrongful dismissal if you go down that route.

[MarillionFan]

I think he is the employer.

Sounds a right control freak.

[DimPrawn]

Why post this in General?
Do you think you will get good advice here?
Are you a troll/sockie?
Will this predujice any future legal action?
Should have hired contractors

HTH BIDI

[minestrone]

Anyways, I'm sure you have to explicitly state no sending to personal accounts, I remember that from a pervious gig where they clamped down on it.