Employers can check workers’ personal messages, EU court rules

Nick Elvin

The CIPD, the professional body for HR and people development, has warned that a recent EU court decision should not be seen as a green light for firms to start snooping on their employees.

The case involved a worker in Romania who was sacked after his employers read Yahoo Messenger chats he sent while he was at work. The employee claimed his employer had breached his right to confidential correspondence, however the court ruled that because it was a work account, the firm was within its rights to access it. The company discovered he had been using the account for personal and professional messages.

Ben Willmott, CIPD head of public policy, said the line between work and personal life is becoming increasingly blurred.

“We know that the working day rarely fits into a nine-to-five mould any more,” he added. “Employees often respond to work emails on personal devices outside of usual working hours so it makes sense that, on occasion, they may want to engage in social correspondence during the working day on a work device. It’s about give and take and about trusting employees rather than creating a culture of surveillance and suspicion.

“Our research has shown that excessive monitoring of employees by organisations often cultivates a culture of distrust and negatively impacts on their loyalty and commitment. Employees that feel under excessive surveillance are also more likely to suffer from stress so there needs to be a clear case for monitoring. Organisations need to be transparent about if they are doing it and why; for example, being clear on the risks that the monitoring is designed to prevent. Employers should also set out clear rules around what personal use they do allow and what the limitations on this may be, such as the hours in which it is permitted.

“It’s about respect too, and that goes both ways. As much as employees need to respect that certain rules are in place in order to protect businesses – in terms of reputation, data and productivity – employers need to treat their people with respect and provide some flexibility to help workers balance their personal and professional lives.”