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

Hurt Plant Hire rebrands to Fox Brothers (Leyland) Fox Group

Hurt Plant Hire rebrands to Fox Brothers (Leyland)

17 Nov 2025

2

Next phase of works to create new access road for Blackpool Enterprise Zone Common Edge Road, Blackpool

Next phase of works to create new access road for Blackpool Enterprise Zone

17 Nov 2025

3

Barratt Redrow lays foundation for young builders at Preston College Preston College's student ambassadors with Sean Regan, Contracts Manager at Barratt Homes

Barratt Redrow lays foundation for young builders at Preston College

17 Nov 2025

4

Community Solutions North West gets £249,995 to protect hall Elmfield Hall

Community Solutions North West gets £249,995 to protect hall

17 Nov 2025

5

Times Higher Education Award for Lancaster University’s “innovation success story” Lancaster University has won the Knowledge Exchange/Transfer Initiative of the Year Award

Times Higher Education Award for Lancaster University’s “innovation success story”

14 Nov 2025

Background image for hub sign up block

LBV Hub

Leverage Lancashire Business View platforms

Post your news
Post your events
Post your offers
Build your network
Improve your SEO
Gain coverage in the magazine
Sign-up
Events
November / December 2025 Magazine Launch Event
Holiday Inn Hotel
Networking
19 Nov 2025

November / December 2025 Magazine Launch Event

Holiday Inn, Blackpool

08:30 - 10:30

CMI Level 5 Management and Leadership Course
UCLanAerialCampus.jpg.jpg
LBV Hub Seminars
21 Feb 2025 - 21 Feb 2026

CMI Level 5 Management and Leadership Course

Preston Campus, Preston , PR1 2HE

09:00 - 17:00

CMI Level 5 Project Management Course
UCLanAerialCampus.jpg.jpg
LBV Hub Seminars
21 Feb 2025 - 21 Feb 2026

CMI Level 5 Project Management Course

Preston Campus, Preston, PR1 2HE

08:00 - 17:00

Help to grow management course
Help to grow - barriers to growth.png.png
LBV Hub Seminars
26 Sep 2025 - 16 Dec 2025

Help to grow management course

Preston Campus , Preston , PR1 2HE

09:00 - 15:00

Women scaling up Blackpool Fylde and Wyre
LBV Hub Seminars
22 Oct 2025 - 09 Jan 2026

Women scaling up Blackpool Fylde and Wyre

The Small Business Academy, Blackpool, FY4 5JX

09:30 - 15:30

RISE - Lancashire's unique leadership programme for women
thumbnail_Emma Weston Illustration WENDY BOWERS RISE Illustrstion.jpg.jpg
LBV Hub Seminars
22 Oct 2025 - 18 Mar 2026

RISE - Lancashire's unique leadership programme for women

East Lancashire Chamber of Commerce, Clayton le Moors, BB5 5JR

09:30 - 15:30

Sub36 Networking - Jurassic Village
Jurassic Village
Networking
18 Nov 2025 - 18 Nov 2025

Sub36 Networking - Jurassic Village

Jurassic Village, Burnley, BB10 2FU

09:00 - 11:00

Blackburn & Darwen Youth Zone Quiz
Thursday 20th November.png.png
LBV Hub Fundraisers
20 Nov 2025 - 20 Nov 2025

Blackburn & Darwen Youth Zone Quiz

Accrington Stanley Football Club, Accrington, BB5 5BX

17:00 - 20:00

The path to profit with consistency, quality and speed in your business
icz bburn coll.jpeg.jpg
LBV Hub Seminars
21 Nov 2025 - 21 Nov 2025

The path to profit with consistency, quality and speed in your business

Industry Collaboration Zone, Bolton College, Feilden Street, Blackburn, BB2 1LH

09:30 - 12:00

Preston Freelancer Meet-Up: November
NovFreelancer version 2 .png.png
LBV Hub Networking
26 Nov 2025 - 26 Nov 2025

Preston Freelancer Meet-Up: November

Society1 Coworking Space, Preston, PR1 3LT

10:00 - 11:30

Lancashire post Budget analysis finance leaders events
MHA-BTI Logo_black (002).jpg.jpg
LBV Hub Networking
27 Nov 2025 - 27 Dec 2025

Lancashire post Budget analysis finance leaders events

Farington Lodge Hotel, Stanifield Lane, Farington, Preston, PR25 4QR

08:00 - 10:00

The PM+M Autumn Budget seminar - East Lancashire
Autumn Budget event East Lancashire
LBV Hub Seminars
27 Nov 2025 - 27 Nov 2025

The PM+M Autumn Budget seminar - East Lancashire

Crow Wood Hotel, Burnley, BB12 0RT

08:00 - 10:30

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 LBV124 Online Graphic
Subscribe now

Weekly news bulletin