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Monitoring Employees | Employment Lawyers | Parslows Jersey

Monitoring emails

Monitoring emails at work by employers

Is it acceptable?

On 5 September 2017, the ECHR ruled on the issue over Employers monitoring  emails of employees.

In recent years it was considered by some that the employees right to privacy was a fundamental right and that this included monitoring emails of employees.  The ECHR has however decided in the case of Bărbulescu v. Romania (application no. 61496/08)  that Employers can monitor employee communications and this included the monitoring of emails.  This is, however, conditional upon measures taken by the employer to monitor employees’ communications being proportionate and that such measures are accompanied by adequate and sufficient safeguards against abuse.

Whilst this was a case involving Romania it is likely a Jersey Court would have reference to this judgment and apply the criteria handed down.  However Jersey employers should be careful to ensure that the employee handbook is clear and unambiguous.  Parslows Jersey regularly advise and draft staff handbooks for employers.

Whether you are a small or larger firm, it is always important to have Jersey legal advice from qualified practitioners when dealing with employment law.  Contact our employment lawyers today.  Parslows Jersey, always at your side.

Employment Lawyers in Jersey

For advice, assistance or further information please do not hesitate to call 630530 or email us on employmentlawyers@parslowsjersey.com


Parslows Jersey can help

Our employment lawyers support fairness and best practice in the workplace. We are experts in all aspects of Jersey employment law, including employment contracts and policies, redundancies, disciplinary, capability and grievance procedures, discrimination, compromise agreements and tribunal representation. Our lawyers have a proven track record in providing advice and representation on a wide range of employment law issues. Our employment lawyers have the experience and knowledge you need, whether advising on a contract or representing you in an employment tribunal. We’re committed to helping you get the best outcome possible. We act for both employers and employees.


Please note that the information provided on this website is for general information purposes only and is designed to provide you with an outline of the legal services we offer.  Whilst we endeavour to ensure our information is correct and useful, we make no representations or warranties regarding the accuracy or completeness of the information offered.  Information on our website does not constitute legal advice and Parslows Jersey accepts no liability for any loss or damage arising out of, or in connection with, the information found in this website.  Please consult a lawyer at Parslows Jersey in the event that you require professional assurance that our information, and your interpretation of the same, is correct. 

Read the full press statement from the ECHR

 

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