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

Strong results in first year as EOT for Conlon Construction Conlon board includes Andrew Makinson, Lee Parry, Nadine Ng, Darren Lee, and chairman Guy Parker

Strong results in first year as EOT for Conlon Construction

30 Apr 2026

2

Lancashire manufacturers backed to adopt AI with new Made Smarter toolkit ELE Advanced Technologies

Lancashire manufacturers backed to adopt AI with new Made Smarter toolkit

30 Apr 2026

3

Experts stress the urgency of starting AI journey Speakers at the Cybersecurity summit

Experts stress the urgency of starting AI journey

30 Apr 2026

4

Plans approved for Lancashire's tallest residential block Altura Preston

Plans approved for Lancashire's tallest residential block

29 Apr 2026

5

Wilson Mason Architects achieves Investors in People Gold accreditation Eleanor Wood

Wilson Mason Architects achieves Investors in People Gold accreditation

29 Apr 2026

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
LBV128 May/June Magazine Networking Event
Canva - Mag Launch
Networking
19 May 2026

LBV128 May/June Magazine Networking Event

Colne Market Hall, Lancashire, BB8 0HS

08:30 - 10:30

Funding Summit
Funding Logo Canva Mid
Summit
17 Jun 2026 - 17 Jun 2026

Funding Summit

Village Hotel Blackpool

08:30 - 11:00

Dazzle & Decadence
Dazzle & Decadence TryBooking Header.png.png
LBV Hub Fundraisers
30 Apr 2026

Dazzle & Decadence

Ainsworth Jewellers, 57-59 Darwen St, Blackburn, BB2 2BW

18:00 - 20:00

Manufacturing for Tomorrow Club
Example.png.png
LBV Hub Seminars
30 Apr 2026 - 30 Apr 2026

Manufacturing for Tomorrow Club

University of Lancashire, Preston, PR1 2HE

09:00 - 11:30

Blackburn Beer and Gin Festival 2026
Blackburn Beer and Gin Festival 2026
LBV Hub Social
01 May 2026

Blackburn Beer and Gin Festival 2026

BB1 8NB

17:00 - 23:00

Society1 Open Coworking Day
LBV Hub Networking
06 May 2026 - 06 May 2026

Society1 Open Coworking Day

Society1, Coworking Space, Preston, PR1 3LT

10:00 - 16:00

Emergency First Aid at Work
LBV Hub Seminars
08 May 2026 - 08 May 2026

Emergency First Aid at Work

FGH Training, 3rd Floor, Storey House, White Cross Business Park, Lancaster, LA1 4XQ

09:00 - 16:00

The AI Lab: E-commerce
LBV Hub Seminars
08 May 2026 - 08 May 2026

The AI Lab: E-commerce

Door4, Burnley Wharf, Manchester Road, Burnley, BB11 1JG

09:00 - 11:30

Fire Warden Training
Logo.jpg.jpg
LBV Hub Seminars
11 May 2026 - 11 May 2026

Fire Warden Training

Bell Lancaster, Cleveley House Farm, Miller Brow, , Forton, PR3 1DR

09:00 - 15:00

The Business Network Central and East Lancashire
LBV Hub Networking
14 May 2026 - 14 May 2026

The Business Network Central and East Lancashire

Longridge House, Preston, PR3 2TB

11:30 - 14:15

Research and Knowledge Exchange Festival 2026
Spark 2026 newsletter v3-5 (1).png.png
LBV Hub Seminars
18 May 2026 - 22 May 2026

Research and Knowledge Exchange Festival 2026

University of Lancashire, Preston, PR1 2HE

10:00 - 20:00

Culture, Community & Commerce in the City # 1 - Northern Dough Co x WASH Studio
8.png.png
LBV Hub Networking
20 May 2026 - 20 May 2026

Culture, Community & Commerce in the City # 1 - Northern Dough Co x WASH Studio

SOciety1, Coworking Space, Preston, PR1 3LT

18:00 - 20:30

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