The work email minefield

By Taylors Solicitors

20 May 2014

We live in an ever more complicated world and the lines between our professional and private lives can easily become blurred. So what happens when an employee's conduct outside of work starts to impact upon their position within work?

By Ashna Chada, Taylors Solicitors.

Richard Scudamore, chief executive of the Premier League, allegedly made sexist comments in private email exchanges with a lawyer friend, which were subsequently leaked to the Sunday Mirror newspaper. It has been suggested that Mr Scudamore could be charged under the rules of the Football Association (FA) and the Premier League’s own Anti-Discrimination Policy.

Sports Minister, Helen Grant, described the content of the emails as "unacceptable and very disappointing", while the Shadow Minister for Sport, Clive Efford, has written to the Premier League asking why no action has been taken against Scudamore and they are due to meet next week to decide whether he should face further action.

Mr Scudamore has emphasised that the emails were private but has apologised for his “error of judgement”. In his statement, Scudamore said the comments were made in "private emails exchanged between colleagues and friends of many years. They were received from and sent to my private and confidential email address, a temporary employee, who was with the organisation for only a matter of weeks, should not have accessed and was under no instruction to do so”.

But in the world of social media and email, can there be a difference between public and private?

Current UK employment law talks only of conduct, rather than conduct at work. There may be circumstances in which an employer would be entitled to challenge employees over their conduct outside the workplace if it is capable of adversely impacting the business or employment relationship in some way.

A good example of this was the well known case of Gosden –v- Lifeline (2008). Taylors’ Head of Employment, Will Clayton, advised Lifeline throughout in the case that was considered at the time to break new ground; it is still regarded as a good law, relevant to the ever-growing digital world and social media platforms.

Mr Gosden, an employee of the national charity, Lifeline Project, sent an offensive email from his home computer to that of a colleague, Mr Yates, who worked for HM Prison Service (HMPS). The email contained racist and sexist content and encouraged the recipient to pass it on to others. Mr Yates forwarded the e-mail on to the work computer of a colleague at the prison at which he worked and HMPS then became aware of the email and that it had originated from a Lifeline employee. The content of Mr Gosden’s email was entirely contrary to Lifeline’s charitable objectives and long standing commitment to equality.

Lifeline dismissed Mr Gosden for his actions as they were regarded as gross misconduct and conduct capable of bringing Lifeline into disrepute with HMPS.

The Employment Tribunal concluded that the decision to dismiss Mr Gosden was entirely fair and within the range of reasonable responses open to Lifeline. The potential damage to Lifeline's reputation could have been considerable. The Tribunal specifically found that Mr Gosden was not entitled to expect privacy in his email given, not least, that it was part of a chain email that he endorsed and contributed to by passing on to others with a request that they did the same.

The moral of this story is that people have little power or control over where their ‘private’ emails may end up. Mr Gosden may not have intended the email to end up within HMPS but that did not prevent Lifeline for holding him responsible.

Despite only being an Employment Tribunal decision, this case (and other that have followed it) provide guidance on the approach that Tribunals may take in such cases. No doubt we will see many more of these types of cases in future and it is worth reviewing your disciplinary procedures and codes, as well as equal opportunity policies, in order to consider whether any amendments are required to address these sorts of situation in your business.  

Latest news

1

Double-digit growth sees Inspired near £100m revenues Mark Dickinson Inspired Plc

Double-digit growth sees Inspired near £100m revenues

26 Mar 2024

2

Five-fold growth for Chorley safety products firm Hispec

Five-fold growth for Chorley safety products firm

26 Mar 2024

3

How the UK’s strategy to reduce net migration affects care work AdobeStock_89838327 (1).jpeg.jpg

How the UK’s strategy to reduce net migration affects care work

28 Mar 2024

4

Dealmakers: Star Tissue takes a leading roll Khalid Saifullah

Dealmakers: Star Tissue takes a leading roll

28 Mar 2024

5

Tips for surviving Lancashire's pothole plague

Tips for surviving Lancashire's pothole plague

28 Mar 2024

Hwc 2024 Email Signature 980x120
Background image for hub sign up block

LBV Hub

Reach 50,000 members of the Lancashire business community

Post your news
Post your events
Post your offers
Company profile
Social reach
Magazine coverage
Sign-up
Events
Business Networking in Burnley - BNI Kudos
EVENT LISTING BNI Kudos.png.png
LBV Hub Networking
28 Mar 2024

Business Networking in Burnley - BNI Kudos

Prairie Sports Village, Windemere Avenue, Burnley, BB10 2FU

06:45 - 08:30

Business Networking in Lancaster - BNI Castle
EVENT LISTING BNI Castle.png.png
LBV Hub Networking
28 Mar 2024

Business Networking in Lancaster - BNI Castle

Vale of Lune RUFC, Powder House Lane, Lancaster, LA1 2TT

06:45 - 08:30

Business Networking in Preston - BNI Brunch
EVENT LISTING SIZING Brunch .png.png
LBV Hub Networking
29 Mar 2024

Business Networking in Preston - BNI Brunch

Samlesbury Preston Hotel, Preston New Road, Preston, PR5 0UL

09:30 - 11:00

Business Networking in Blackburn - BNI Infinity
EVENT LISTING BNI Infinity.png.png
LBV Hub Networking
29 Mar 2024

Business Networking in Blackburn - BNI Infinity

Hampton by Hilton, 2 Frontier Ave, Blackburn, BB1 3AL

06:30 - 08:30

Business Networking in Chorley - BNI Endeavour
EVENT LISTING SIZING Endeavour.png.png
LBV Hub Networking
02 Apr 2024

Business Networking in Chorley - BNI Endeavour

Oak Royal, Bury Lane, Chorley, PR6 8SW

06:30 - 08:30

Business Networking in Blackburn - BNI Vista
EVENT LISTING SIZING Vista.png.png
LBV Hub Networking
02 Apr 2024

Business Networking in Blackburn - BNI Vista

Hampton by Hilton, 2 Frontier Ave, Blackburn, BB1 3AL

06:45 - 08:30

Business Networking in Preston - BNI Diamond
EVENT LISTING BNI Diamond.png.png
LBV Hub Networking
03 Apr 2024

Business Networking in Preston - BNI Diamond

The Marriot Hotel, Garstang Road, Broughton, PR3 5JB

07:15 - 09:00

Business Networking in Lancaster - Eden Business Network
EVENT LISTING Eden Business Network.png.png
LBV Hub Networking
03 Apr 2024

Business Networking in Lancaster - Eden Business Network

The Borough, 3 Dalton Square, Lancaster, LA1 1PP

18:30 - 20:30

Business Networking in Accrington - BNI Zeus
EVENT LISTING SIZING Zeus.png.png
LBV Hub Networking
03 Apr 2024

Business Networking in Accrington - BNI Zeus

The Mill House, Corn Mill Yard, Accrington, BB5 5HX

06:45 - 08:30

Business Networking in Lancaster - BNI Castle
EVENT LISTING BNI Castle.png.png
LBV Hub Networking
04 Apr 2024

Business Networking in Lancaster - BNI Castle

Vale of Lune RUFC, Powder House Lane, Lancaster, LA1 2TT

06:45 - 08:30

Business Networking in Burnley - BNI Kudos
EVENT LISTING BNI Kudos.png.png
LBV Hub Networking
04 Apr 2024

Business Networking in Burnley - BNI Kudos

Prairie Sports Village, Windemere Avenue, Burnley, BB10 2FU

06:45 - 08:30

Business Networking in Blackburn - BNI Infinity
EVENT LISTING BNI Infinity.png.png
LBV Hub Networking
05 Apr 2024

Business Networking in Blackburn - BNI Infinity

Hampton by Hilton, 2 Frontier Ave, Blackburn, BB1 3AL

06:30 - 08:30

Advertise with us

Reaching 50,000 members, our print, digital and event platforms offer a fantastic way to raise your business profile and help you grow.

Find out more Lbv115 Online Graphic
Subscribe now

Weekly news bulletin