Do employees give up all rights to privacy when they enter the workplace? XpertHR editors Laura Merrylees and Fiona Cuming discuss two topical cases, their implications and the practical steps employers can take to protect their business interests.
The Employment Appeal Tribunal (EAT) has held that the employee had no reasonable expectation of privacy in respect of inappropriate emails and photographs on his iPhone relating to a work colleague that affected the workplace.
The High Court has upheld a challenge by way of judicial review to the present criminal record checks scheme, finding that the relevant statutory provisions are incompatible with the European Convention of Human Rights. Ryan Stringer sets out the implications of the decision for employers.
In Barbulescu v Romania  IRLR 235 ECHR, the European Court of Human Rights held that an employer did not breach its employee's human rights when it monitored his private use of a business messaging account.
In this Romanian case, the European Court of Human Rights (ECHR) accepted that the employee's right to a private life had been affected when his employer accessed his Yahoo messages. However, the ECHR went on to hold that the employer's actions were justified in the circumstances and not in breach of art. 8 of the European Convention of Human Rights.
The Supreme Court has held that the requirement in criminal record checks to disclose all convictions and cautions, including those given for minor offences and crimes committed as a child, breaches the European Convention on Human Rights.
In DLA Piper's case of the week, Black and another v Wilkinson, the Court of Appeal upheld a decision that a B&B owner's refusal to provide accommodation to a gay couple was discriminatory.
The European Court of Human Rights has held that a Greek employer breached the human rights of an HIV-positive employee who was dismissed as a result of pressure from colleagues.
Joe Beeston, Kate Edminson, Rosie Kight and David Rintoul are associate solicitors and Iain Naylor is a trainee solicitor at Addleshaw Goddard LLP. They round up the latest rulings. They round up the latest rulings.
In R (on the application of T) v Chief Constable of Greater Manchester and others  EWCA Civ 25 CA, the Court of Appeal held that aspects of the regime of criminal records certificates and enhanced criminal records certificates under the Police Act 1997 and the Rehabilitation of Offenders Act (Exceptions) Order 1975, requiring the disclosure of all police cautions to prospective employers, are incompatible with art.8 of the European Convention on Human Rights.
HR and legal information and guidance relating to art.8 of the Convention on Human Rights (the right to respect for private and family life).