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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 61680
Experience:  Qualified Solicitor
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My husband resigned last week and we have since found out

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Hi-my husband resigned last week and we have since found out that his ex employer has accessed his private email along with my company email (I have a business in the same industry) and that they are planning to launch legal action against my company because my husband had a restrictive covenant in his contract (he is not employed by my company ) can they use information from these private accounts?
Assistant: Have you discussed this with a manager or HR? Or with a lawyer?
Customer: As my husband has resigned there is no management involved
Assistant: What is your employment status? Are you an employee, freelancer, consultant or contractor? Do you belong to a union?
Customer: I am a director. My husband is not currently employed
Assistant: Anything else you want the lawyer to know before I connect you?
Customer: No

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

Customer: replied 5 months ago.
Thank you
Customer: replied 5 months ago.
The company I own is in the same market as my husband's previous employer

How long had he worked there for and was his employer aware that your business was in the same industry?

Customer: replied 5 months ago.
Approximately 4 years and yes
Customer: replied 5 months ago.
Although they are now denying this
Customer: replied 5 months ago.
I just need to know where we stand regarding the accessing of our emails

Thank you. I will get back to you with my answer as soon as I can, which will be at some point today. The system will notify you when this happens. Please do not reply in the meantime as this may unnecessarily delay my response. Many thanks.

Customer: replied 5 months ago.
Please do not call

Thanks for your patience. Can you please clarify how they managed to access both his emails and yours too?

Customer: replied 5 months ago.
My husband had to forward some of his previous work emails using his hotmail account on his company tablet as the screen was too small to read properly so I believe the password ***** have saved, however they would have had to use the internet to go into hotmail. My email password ***** found as I it was emailed to my husband personal account in case I lost it
Customer: replied 5 months ago.
It is the generic account we also use for personal and household business
Customer: replied 5 months ago.
access was made after my husband had left the company
Customer: replied 5 months ago.
Google blocked the access to my business account however the company has not only openly admitted accessing my husband's personal account but has been printing and forwarding his private emails
Customer: replied 5 months ago.
Are you still there?

Yes I have been discussing this with a criminal law colleague of mine. Their behaviour could potentially amount to a criminal offence under the Computer Misuse Act, although we both agreed that it is unlikely the police will be interested in taking it further and will see it as something which would need to be pursued as a civil matter.

In terms of the evidence obtained, they cannot be prevented from at least starting a claim with it, but after that it would be down to the judge dealing with the case to decide whether it should be allowed as admissible evidence. Some may take the view that it should not, others may find the exact opposite – it is very much dependent on who presides over the case. The best you can do under the circumstances is to assume that nothing can happen against you until they go to court and prove they have a viable case. They may never go tat far, especially as such claims rarely end up in court but if it does, you can at least challenge the use of such evidence and hope the judge overturns its use.

Does this answer your query?

Customer: replied 5 months ago.
thank you

All the best

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