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No right to privacy for emails and photos on iPhone relating to work colleague

This report relates to 1 case(s)

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    Garamukanwa v Solent NHS Trust [2016] IRLR 476 EAT (1 other report)

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

      30 June 2016

      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.

Garamukanwa v Solent NHS Trust [2016] IRLR 476 EAT

human rights | email correspondence | disciplinary proceedings

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.