Skip to content
Avensure logo
Contact
Client Support
  • Home
  • HR Outsourcing
    • HR For Small Businesses
    • 24 Hour HR Advice Helpline
    • Immigration Services
    • HR Industry Sectors
  • Employment Law
    • 24 Hour Employment Law Advice
    • Redundancy Advice For Employers
    • ACAS Early Conciliation
    • Employer Tribunal Representation
  • Health & Safety
    • Health And Safety Advice Line
    • Small Business Health and Safety
    • Health & Safety Sectors
  • Services Packages
    • HR Protect
    • HS Protect
    • Total Protect
    • PeopleCloud
    • Immigration Services
  • Client Support
  • Contact
  • Home
  • HR Outsourcing
    • HR For Small Businesses
    • 24 Hour HR Advice Helpline
    • Immigration Services
    • HR Industry Sectors
  • Employment Law
    • 24 Hour Employment Law Advice
    • Redundancy Advice For Employers
    • ACAS Early Conciliation
    • Employer Tribunal Representation
  • Health & Safety
    • Health And Safety Advice Line
    • Small Business Health and Safety
    • Health & Safety Sectors
  • Services Packages
    • HR Protect
    • HS Protect
    • Total Protect
    • PeopleCloud
    • Immigration Services
  • Client Support
  • Contact

Email Monitoring In The Workplace: Can Employers Monitor Emails?

Home › Articles › Email Monitoring In The Workplace

  • May 23, 2016
  • Holidays, Investigations, Misconduct
email monitoring in the workplace

Email monitoring in the workplace is not the first thing that comes to mind when considering human rights violations. However, it wasn’t that long ago that the European Court of Human Rights made a vital ruling that overturned a previous decision regarding employer’s practices of email monitoring in the workplace.

The monitoring, which included email monitoring of staff emails, was a breach of their human rights as they had employee rights to email privacy at work.

Employer Implemented Email Monitoring In The Workplace

Article 8 of the Human Rights Act 1998 protects an individual’s right to respect for private and family life, home and correspondence. Correspondence includes letters and emails.

Since the introduction of email communication within businesses, employers have implemented multiple email privacy policies and email monitoring at work to ensure that employees do not misuse the technology. These policies are perfectly acceptable, provided that certain safeguards are also implemented to avoid claims of an Article 8 breach.

How Employers Spy On Employees

An employer in Romania asked one of its employees, Barbulescu, to create a Yahoo Messenger email account for work purposes so that he could communicate with clients. Barbulescu was told not to use the account to send personal, non-work-related emails.

However, the employer began monitoring staff emails and internet use at work. While monitoring emails at work, the employer found personal emails sent to Barbulescu’s fiancée and brother. After he began monitoring, the employer discovered that they contained confidential information regarding the employee’s health and were occasionally intimate.

When the employer raised the issue, Barbulescu tried to explain and maintained that he had not broken the rules. The employer then presented him with a transcript from the employee’s email monitoring of the exchanges, and he was dismissed for gross misconduct.

Barbulescu alleged having his emails monitored breached his right to email privacy in the workplace and that he had a claim with the European Court of Human Rights (ECHR). The ECHR disagreed, declaring the employer had permission to read the emails.

Decision Overturned – Should Managers Employ Email Surveillance In The Workplace?

The Grand Chamber of the ECHR has subsequently found that Barbulescu’s right to privacy was breached. Integral to the decision was the lack of evidence Barbulescu was told before monitoring emails in the workplace began. There had been no consideration by the previous courts as to whether there had been a less intrusive method of dealing with the potential breach of email rules other than breaching the email privacy at work policy. There is no more opportunity for appeal, so this is the final decision.

Employers must understand the implications of this decision. Misleading reports of the initial decision led employers to believe they could start company email monitoring freely – this was not the case. Similarly, the Grand Chamber ruling does not prohibit all monitoring.

In Another Case, NHS Manager Sends Malicious Emails To Colleagues- Can Employers Read Employees’ Emails?

An NHS manager had been in a personal relationship with a nurse, which had broken down. The manager suspected that the nurse had begun a relationship with a colleague, and he took this quite badly. The manager started monitoring emails in the workplace, and the nurse and the colleague began receiving anonymous malicious messages, as did several other staff members.

The manager was reported to the police for employee harassment, and they found evidence to connect the emails to the manager’s mobile phone. Once the investigation was concluded, the police gave the proof to the employer, who then used it as evidence in their disciplinary proceedings against the manager. The manager claimed that his employer had breached his human rights by email monitoring in the workplace.

The Employment Appeal Tribunal decided that the employer was entitled to read the communication because, although relationships between colleagues were private, the relationship had been brought into the workplace by emails, which impacted work-related issues.

So, is monitoring staff emails at work legal? In this case, yes, because a personal relationship between two work colleagues had been brought into the working environment using company email accounts.

Practical Considerations For Email Monitoring In The Workplace

Email monitoring in the workplace is allowed for employers provided specific criteria are met, including:

Having a legitimate reason for email monitoring in the workplace.

Balancing your business needs against the employee’s rights to their private life. The absolute right to look at all emails may set the employee’s expectation of no email privacy at work, but is that proportionate?

Warn employees clearly in advance that following company rules, you will monitor their emails and the reasons for monitoring.

Consider whether there are less intrusive methods for dealing with a potential breach of your rules than employee monitoring and reading employees’ email messages.

Legislation On Monitoring Of Employee Email Use and Email Privacy in the Workplace

Keeping up-to-date with current legislation on monitoring and reading employees’ emails is something every employer needs to do.

Maintaining an up-to-date IT policy that gets reviewed on an ongoing basis.

Set guidelines and tell employees whether they are permitted to use equipment provided by work or accounts set up to assist with work or for personal use.

Ensure staff know that you will be conducting email surveillance in the workplace and communications when personal use is not permitted so that employees have no reasonable expectation of privacy.

Dismissal for the personal use of IT equipment will not always lead to a fair dismissal. You should always ensure an appropriate and proper procedure is followed when dealing with it. Don’t use these cases as blanket permission to snoop and monitor employees’ emails and breach the employee rights to email privacy policy. There will be a reasonable expectation of privacy in some cases, e.g. if an employee leaves their private emails open at lunchtime when you permit personal usage of a work computer.

Picture of Rebecca Young
Rebecca Young
Rebecca obtained her BA (Hons) degree from Manchester Metropolitan University and began her career in HR whilst working in the Private Healthcare Sector. It was during this time she went on to complete her Post Graduate Diploma in Human Resource Management at Manchester Metropolitan Business School and developed a very keen interest in employment law.
View all posts

Disclaimer

Email Monitoring In The Workplace FAQs

Can an employer monitor employees emails?

An employer has the right to monitor the use of any equipment, including computers and email, to prevent data breaches. They also have the right to monitor employees undertaking non-work activities during work hours. However, email monitoring at work must be done for a good reason because it can easily violate the right to privacy.

What is a key reason for email monitoring?

On certain occasions, the monitoring of staff emails is merited. Particularly in large companies where security is a concern, data leaks, harassment, and bullying in the workplace are compelling reasons for company email monitoring.

What is the right to privacy at work concerning reading employees emails?

The right to privacy concerning reading employees’ emails is governed by UK law. As an employer, you must balance the need to monitor emails at work for justifiable reasons, such as company security, with the employee’s privacy rights. Generally, company email monitoring should always remain transparent and proportionate and done under the strict guidance of authorised policies and consent where required

What are the consequences of the unlawful monitoring of emails in the workplace?

There are some severe consequences for the unlawful monitoring of emails by employers in the United Kingdom. Employers could face repercussions under data protection laws like GDPR General Data Protection Regulation, employee trust can be seriously compromised, reputation damage, possible litigation, regulatory sanctions, high-value staff leaving their positions, and decreased staff engagement. Email surveillance in the workplace requires careful consideration, and if you’re in any doubt about monitoring emails at work, contact Avensure for professional guidance.

kickstart schemes

Your Guide to Apprenticeships & Kick Start Schemes

Glasses on table e

What are an employers obligations when it comes to supplying glasses?

too hot to work uk workplace temperature regulations

Too Hot to Work

DSC

Putting employees first

Avensure Fair Dismissals Due to Statutory Bans or Restrictions x

Navigating Fair Dismissal: A Comprehensive Guide for Employers in Cases of Statutory Bans or Restrictions

RIDDOR Landing page v x

RIDDOR Employers Responsibilities

Do Employees Have the Right to Carry Over Annual Leave

Do UK Employees Have the Right to Carry Over Annual Leave?

Webp net compress image

Can you afford the cost of workplace Discrimination claim?

Latest Posts

Permit to Work header image

Permit to Work: Employers How-to Guide

Listening to Music at Work Pros and Cons header image

Listening to Music at Work: Pros and Cons

Control of Contractors header image

Control of Contractors: Monitoring of Contractor Workforce Health & Safety

Ultimate guide to the new annual leave year header image

Guide to the New Annual Leave Year

Employment Law Look Ahead header image 

Looking Ahead: Employment Law in 2025

Handling Absence Over the Holiday Season header image

Handling Absence Over the Holiday Season

Ultimate Guide to Disciplinary Proceedings header image

Ultimate Guide to Disciplinary Proceedings

header image control of substances hazardous to health

Control of Substances Hazardous to Health

header image Explosive Atmospheres

Explosive Atmospheres and Workplace Safety

Carrying Out Return to Work Interviews An Employer’s Guide Header image

Return to Work Interviews: An Employer’s Guide

Categories
PrevPreviousGross Misconduct Dismissal: lessons learnt
NextSickness and Annual LeaveNext
Avensure logo

Northern Office:

Avensure Ltd
4th Floor, St John’s House
2 – 10 Queen Street
Manchester, M2 5JB

London Office:

Avensure Ltd
Longcroft House
2-8 Victoria Avenue
London, EC2M 4NS

  • Outsource HR
    • HR Outsourcing Service
    • 24-Hour HR Advice Line
    • Small Business HR Service
  • H&S
    • Health & Safety
    • H&S Advice Line
    • Small Business H&S
  • HR Software
    • Cloud HR Software
    • HR File Management
    • Employee Data Software
    • Absence Management
    • Staff Holiday Software
    • SME HR Software
    • HRIS Software
    • Health and Safety Software
  • Employment Law
    • Employment Lawyers
    • Employer Advice Line
  • HR Sectors
    • All HR Sectors
    • Charity HR Support
    • Care Home HR
    • Hospitality HR
    • Manufacturing HR
    • Retail HR
    • Construction HR
    • Tourism HR
    • Restaurant HR
    • Healthcare HR
    • Startups HR
    • Education HR
    • Dental HR
    • Automotive HR
    • Logistics HR
  • All H&S Sectors
    • H&S Sectors
    • Construction Health and Safety
    • Schools and Education H&S
    • H&S For Manufacturing
    • Care Home H&S
    • Automotive Health and Safety
    • Retail Shop Health & Safety
    • Gyms & Leisure Centres
    • Dentistry Health and Safety
    • GP and Pharmacy H&S
    • Office H&S
    • Agriculture H&S
    • Veterinary H&S
    • Warehouse H&S
    • Hospitality H&S
    • Hair & Beauty Salons H&S
    • Engineering Health and Safety
    • Restaurant Health and Safety
  • Our Packages
    • Service Packages
    • HR Protect
    • HS Protect
    • Total Protect
  • Client Support
    • Client Support Zone
    • Complaint Procedure
    • PeopleCloud Login
    • Blog Articles
    • About Us
    • Avensure Reviews & Client Testimonials
    • Calculators
      • HR Calculators
        • Annual Leave Calculator
        • Bradford Factor Calculator
        • Holiday Entitlement Calculator
        • Maternity Pay Calculator
        • Overtime Calculator
        • Productivity Calculator
        • Redundancy Calculator
        • Staff Turnover Calculator
        • Unfair Dismissal Calculator
        • Working Hours Calculator
    • Careers
    • Our Locations
      • North East
        • Durham
        • Newcastle upon Tyne
        • Sunderland
      • North West
        • Chester
        • Carlisle
        • Lancaster
        • Preston
        • Liverpool
        • Manchester
        • Salford
      • Yorkshire
        • Kingston upon Hull
        • Doncaster
        • Sheffield
        • Bradford
        • Leeds
        • Wakefield
        • Ripon
        • York
      • East Midlands
        • Derby
        • Leicester
        • Lincoln
        • Nottingham
    • Terms of Business
      • Insurance Terms of Business
      • Privacy Policy
      • Cookie Policy
    • Contact Us

Connect with us:

LinkedIn
Twitter
Avensure Managing Employee Walkouts Employers Survival Guide QA and Key Dos and Donts x
trustpilot avensure logo

Copyright © 2025 Avensure | All Rights Reserved. Registered in England and Wales under Company No: 07850609 at registered address: Avensure Ltd, 4th Floor, St John’s House 2 – 10 Queen Street, Manchester, M2 5JB. Avensure Ltd (Tel: 0330 100 8705) is authorised and regulated by the Financial Conduct Authority under reference number 783702. This can be checked on the Financial Services Register by visiting their website www.fca.org.uk/register