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An EAT decision provides a useful reminder for businesses of the value of having clear policies and procedures in place for staff. In this case, making sure employees were aware of the limits of using the employer’s email system and how use would be monitored.
The EAT held that the use of emails that had been discovered during the employer’s disciplinary investigations did not amount to an unjustified interference with the employee’s private life and that, in the circumstances, he had not had a reasonable expectation of privacy.
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