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Hello, my name is Ben and it is my pleasure to assist you with your question today.
can you help me with employment law?
Was she there when you looked at her account?
No. We had a meeting last friday and had to suspend her pending an investigation. in that meetign she said she was happy for us to look at her linked in a yahoo. When we when to look at the office back ups she had been deleteing her search history and from there we were able to see emails she had sent during working hours from the work computer
in these emails we gained the following
evidence that she was not sick when she said she was
she has been passing on comapny information to third parites.
so these accounts were acccessible via company computers?
because she has een using company computers to access her yahoo account on a daily basis
Whilst covert monitoring of employees' emails and internet browsing is likely to have legal implications, if you had specifically obtained the employee's consent to access their emails then the whole 'secrecy' of the monitoring is removed and they cannot claim that you had gone behind their back to access their personal information.
Also she may be threatening to sue you for invasion of privacy but there is no such claim in English law and it is not just possible to go to court to claim that. There are specific laws that may be considered to cover certain aspects of what one may find as invasion of someone's privacy but these are not easy to pursue and will be quite fact-specific, meaning they can only be pursued in limited cases and I do not see what she can realistically do this in this case.
So I would say that these are just empty threats and that any claim for alleged invasion of privacy is unlikely to go any further.
I hope this has answered your query. Please take a second to leave a positive rating, or if you are unhappy for some reason with the advice - please get back to me and I will assist further as best as I can. Thank you very much