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Human rights: Article 8 right to privacy did not prevent reliance on iPhone evidence

This report relates to 1 case(s)

In Garamukanwa v Solent NHS Trust [2016] IRLR 476 EAT, the EAT held that an employee who was dismissed for sending anonymous malicious emails to his former girlfriend could not rely on art.8 of the European Convention on Human Rights to prevent his employer from using evidence from his iPhone connecting him with the fake email addresses from which the messages were sent. Since the iPhone evidence had been supplied by the police following their investigations and with permission for it to be used, the tribunal had not erred in finding that the employer acted within the range of reasonable responses.