Skip to main content
  • Foundation
  • Executive network
  • CEO Circle
  • SHRM Business
  • Linkage Logo
  • Store
  • Sign In
  • Account
    • My Account
    • Logout
    • Global
    • India
    • MENA
SHRM
About
Book a Speaker
Join Today
Renew
Rejoin Now
Renew
  • Membership
  • Certification
    Certification

    Smiling asian student studying in library with laptop books doing online research for coursework, making notes for essay homework assignment, online education e-learning concept
    Get Certified!

    Be recognized as an HR leader with your SHRM-CP or SHRM-SCP credential.

    • How to Get Certified

      Demonstrate your ability to apply HR principles to real-life situations. No other HR certification compares.

      • How to Get Certified
      • Eligibility Criteria
      • Exam Details and Fees
      • SHRM-CP
      • SHRM-SCP
      • Which Certification is Best for Me
      • Certification FAQs
    • Prepare for the Exam

      Give yourself the best chance to pass your SHRM certification exam.

      • Exam Preparation
      • SHRM BASK
      • SHRM Learning System
      • Instructor-Led Learning
      • Self-Study
      • Study Aids & Add-ons
    • Recertification

      Recertify your SHRM Credentials before your end date!

      • Specialty Credentials
      • Qualifications
  • Topics & Tools
    Topics & Tools

    Stay up to date with workplace news and leverage our vast library of resources to streamline day-to-day HR tasks.

    The white house in washington, dc.
    Executive Order Impact Zone

    Do not abandon, but evaluate and evolve. It is about legal, equal opportunity for all.

    • News & Trends

      Follow breaking news and emerging workplace trends.

      Legal & Compliance

      Stay informed on workplace legal updates and their impacts.

      From the Workplace

      Explore diverse perspectives from your peers on today's workplaces.

      Flagships

      Get curated collections of podcasts, videos, articles, and more produced by SHRM.

    • HR Topics
      • AI in the Workplace
      • Civility at Work
      • Compensation & Benefits
      • Inclusion & Diversity
      • Talent Acquisition
      • Workplace Technology
      • Workplace Violence Prevention
      SEE ALL
      SHRM Research
    • Tools & Samples

      Access member resources and tools to streamline HR tasks.

      • Forms & Checklists
      • How-To Guides
      • Interactive Tools
      • Job Descriptions
      • Policies
      • Toolkits
      SEE ALL
      Ask an Advisor
  • Events & Education
    Events & Education

    SHRM25 in San Diego, June 29 - July 2, 2025
    Join us for SHRM25 in San Diego

    Register for the World’s Largest HR Conference being held on June 29 - July 2, 2025

    • Events
      • SHRM25
      • The AI+HI Project 2025
      • INCLUSION 2025
      • Talent 2026
      • Linkage Institute 2025
      SEE ALL
      Webinars
    • Educational Programs

      Designed and delivered by HR experts to empower you with the knowledge and tools you need to drive lasting change in the workplace.

      Specialty Credentials

      Demonstrate targeted competence and enhance credibility among peers and employers.

      Qualifications

      Gain a deeper understanding and develop critical skills.

    • Team Training & Development

      Customized training programs unique to your organization’s needs.

  • Business Solutions
  • Advocacy
    Advocacy

    Make your voice heard on public policy issues impacting the workplace.

    Advocacy
    SHRM's President & CEO testifies to Congress on "The State of American Education"
    • Policy Areas
      • Workforce Development
      • Workplace Inclusion
      • Workplace Flexibility & Leave
      • Workplace Governance
      • Workplace Health Care
      • Workplace Immigration
      State Affairs

      SHRM advances policy solutions in state legislatures nationwide.

      Global Policy

      SHRM is the go-to for global HR leaders and businesses on workplace matters.

    • Advocacy Team (A-Team)

      SHRM’s A-Team is a key member benefit, giving you the tools, insights, and opportunities to shape workplace policy and drive real impact.

      Take Action

      Urge lawmakers to support policies that create lasting, positive change.

      Advocacy & Legislative Resources

      Access SHRM’s curated policy materials and content.

    • SHRM-Led Coalitions
      • Generation Cares
      • The Section 127 Coalition
      • Learn More & Partner with SHRM Government Affairs
  • Community
    Community

    Woman raising hand in group
    Find a SHRM Chapter

    Easily find a local professional or student chapter in your area.

    • Chapters

      Find local connections from over 607 chapters and state councils and create your personalized HR network.

      SHRM Connect

      Post polls, get crowdsourced answers to your questions and network with other HR professionals online.

      SHRM Northern California

      Join SHRM members in the greater San Francisco Bay area for local events and networking.

    • Membership Councils

      Learn about SHRM's five regional councils and the Membership Advisory Council (MAC).

      • Membership Advisory Council
      • Regional Councils
    • Volunteers

      Learn about volunteer opportunities with SHRM.

      • Volunteer Leader Resource Center
Close
  • Membership
  • Certification
    back
    Certification
    Smiling asian student studying in library with laptop books doing online research for coursework, making notes for essay homework assignment, online education e-learning concept
    Get Certified!

    Be recognized as an HR leader with your SHRM-CP or SHRM-SCP credential.

    • How to Get Certified

      Demonstrate your ability to apply HR principles to real-life situations. No other HR certification compares.

      • How to Get Certified
      • Eligibility Criteria
      • Exam Details and Fees
      • SHRM-CP
      • SHRM-SCP
      • Which Certification is Best for Me
      • Certification FAQs
    • Prepare for the Exam

      Give yourself the best chance to pass your SHRM certification exam.

      • Exam Preparation
      • SHRM BASK
      • SHRM Learning System
      • Instructor-Led Learning
      • Self-Study
      • Study Aids & Add-ons
    • Recertification

      Recertify your SHRM Credentials before your end date!

      • Specialty Credentials
      • Qualifications
  • Topics & Tools
    back
    Topics & Tools

    Stay up to date with workplace news and leverage our vast library of resources to streamline day-to-day HR tasks.

    The white house in washington, dc.
    Executive Order Impact Zone

    Do not abandon, but evaluate and evolve. It is about legal, equal opportunity for all.

    • News & Trends

      Follow breaking news and emerging workplace trends.

      Legal & Compliance

      Stay informed on workplace legal updates and their impacts.

      From the Workplace

      Explore diverse perspectives from your peers on today's workplaces.

      Flagships

      Get curated collections of podcasts, videos, articles, and more produced by SHRM.

    • HR Topics
      • AI in the Workplace
      • Civility at Work
      • Compensation & Benefits
      • Inclusion & Diversity
      • Talent Acquisition
      • Workplace Technology
      • Workplace Violence Prevention
      SEE ALL
      SHRM Research
    • Tools & Samples

      Access member resources and tools to streamline HR tasks.

      • Forms & Checklists
      • How-To Guides
      • Interactive Tools
      • Job Descriptions
      • Policies
      • Toolkits
      SEE ALL
      Ask an Advisor
  • Events & Education
    back
    Events & Education
    SHRM25 in San Diego, June 29 - July 2, 2025
    Join us for SHRM25 in San Diego

    Register for the World’s Largest HR Conference being held on June 29 - July 2, 2025

    • Events
      • SHRM25
      • The AI+HI Project 2025
      • INCLUSION 2025
      • Talent 2026
      • Linkage Institute 2025
      SEE ALL
      Webinars
    • Educational Programs

      Designed and delivered by HR experts to empower you with the knowledge and tools you need to drive lasting change in the workplace.

      Specialty Credentials

      Demonstrate targeted competence and enhance credibility among peers and employers.

      Qualifications

      Gain a deeper understanding and develop critical skills.

    • Team Training & Development

      Customized training programs unique to your organization’s needs.

  • Business Solutions
  • Advocacy
    back
    Advocacy

    Make your voice heard on public policy issues impacting the workplace.

    Advocacy
    SHRM's President & CEO testifies to Congress on "The State of American Education"
    • Policy Areas
      • Workforce Development
      • Workplace Inclusion
      • Workplace Flexibility & Leave
      • Workplace Governance
      • Workplace Health Care
      • Workplace Immigration
      State Affairs

      SHRM advances policy solutions in state legislatures nationwide.

      Global Policy

      SHRM is the go-to for global HR leaders and businesses on workplace matters.

    • Advocacy Team (A-Team)

      SHRM’s A-Team is a key member benefit, giving you the tools, insights, and opportunities to shape workplace policy and drive real impact.

      Take Action

      Urge lawmakers to support policies that create lasting, positive change.

      Advocacy & Legislative Resources

      Access SHRM’s curated policy materials and content.

    • SHRM-Led Coalitions
      • Generation Cares
      • The Section 127 Coalition
      • Learn More & Partner with SHRM Government Affairs
  • Community
    back
    Community
    Woman raising hand in group
    Find a SHRM Chapter

    Easily find a local professional or student chapter in your area.

    • Chapters

      Find local connections from over 607 chapters and state councils and create your personalized HR network.

      SHRM Connect

      Post polls, get crowdsourced answers to your questions and network with other HR professionals online.

      SHRM Northern California

      Join SHRM members in the greater San Francisco Bay area for local events and networking.

    • Membership Councils

      Learn about SHRM's five regional councils and the Membership Advisory Council (MAC).

      • Membership Advisory Council
      • Regional Councils
    • Volunteers

      Learn about volunteer opportunities with SHRM.

      • Volunteer Leader Resource Center
Join Today
Renew
Rejoin Now
Renew
  • Store
    • Global
    • India
    • MENA
  • About
  • Book a Speaker
  • Foundation
  • Executive network
  • CEO Circle
  • SHRM Business
  • Linkage Logo
SHRM
Sign In
  • Account
    • My Account
    • Logout
Close

  1. Topics & Tools
  2. Employment Law & Compliance
  3. UK: Reasonable Monitoring of E-Mail May Not Infringe Worker Privacy
Share
  • Linked In
  • Facebook
  • Twitter
  • Email

Lorem ipsum dolor sit amet, consectetur adipiscing elit. Vivamus convallis sem tellus, vitae egestas felis vestibule ut.


Error message details.

Copy button
Reuse Permissions

Request permission to republish or redistribute SHRM content and materials.


Learn More
News

UK: Reasonable Monitoring of E-Mail May Not Infringe Worker Privacy

August 19, 2019 | Rosemarie Lally, J.D.

A person typing on a laptop with an email icon.


​A United Kingdom (U.K.) employer's review of a departing employee's e-mail was appropriate under the circumstances, the High Court of England and Wales ruled. The decision places workers on notice that they shouldn't rely on data privacy law to argue that a contract has been breached and they are thus freed from post-termination restrictions, legal experts say.

The case "is yet another example of the English court's being sympathetic to [employers] and acting to prevent the unlawful use of confidential information by employees or former employees," according to Nick Ashcroft, an attorney with Addleshaw Goddard in London.

Although this is a first-instance decision that will not be binding on other courts, "it may be persuasive in future cases where employers have similarly investigated their employees," said Carla Feakins, an attorney with Lewis Silkin in London.

The case of Argus Media Ltd v. Halim stems from a dispute between a price-reporting agency and a business development manager for its fertilizer business. The employee left the company in August 2018. During his notice period, or "garden leave"—when he was on the payroll but instructed to stay away from work— his manager became suspicious about the worker's activity and requested access to his e-mail.

Argus' electronic information and communications policy, contained in its employee handbook, gave the employer the right to access and inspect any materials created, sent, received or accessed using Argus' information technology (IT) systems without notifying the worker. Argus' policy also allowed it to monitor the use of its IT systems to investigate possible contract breaches.

The manager found e-mail containing confidential business information that the employee had sent to his personal account, as well as e-mail concerning work matters sent to his wife. Relying partially on the e-mail as evidence of the worker's misconduct, Argus alleged that during his notice period, the employee had launched a price-reporting agency to compete with Argus' fertilizer business and had offered fertilizer pricing reports to Argus' clients. The worker had misused confidential information, solicited clients and competed with Argus in breach of restrictive covenants, the company charged.

In response, the employee claimed that Argus' sweep of his e-mail had breached his privacy rights, thus freeing him from having to comply with any post-termination restrictions.

The court, however, held that the e-mail was work-related, and Argus' investigation was proportionate and appropriate. "The purpose of [Argus' review of the employee's e-mail] was to see electronic communications relating to work, and there is nothing to suggest that Argus was searching for personal material," the judge said. "It seems to me to be very dubious that a communication on the work e-mail to a spouse [that] on its face was about a work matter is protected private communication."

The judge further found that "[a]s a matter of construction of the policy, I find that this access was conferred upon Argus. … It is a broad power conferred upon the employer."

The worker was ordered to pay 90 percent of Argus' legal costs, which were over 500,000 pounds (more than $603,823).

Well-Drafted E-Mail Policies

"This decision should give employers reassurance that well-drafted policies will give protection against privacy arguments raised by employees," Feakins said. She cautioned, however, that whether a business can rely on a policy allowing access and inspection of business e-mail without notice to employees depends on the circumstances of the investigation.

"Investigations should be planned to take account of privacy rights and … conducted in accordance with the employer's policies. Consider whether a privacy impact assessment would be helpful, and ensure that as part of any monitoring, irrelevant personal material is not inspected."

Ashcroft said, "The contractual terms and policies often do make a real difference in terms of available remedies as well as what you can do to prevent theft of confidential information and unlawful competition by employees." He added that the case highlights the importance of careful drafting of employment documentation, not only of restrictive covenants in the contract but also of the electronic information and communications policy.

[SHRM members-only toolkit: Introduction to the Global Human Resources Discipline]

Ashcroft noted that the suspicion of employee misuse of confidential information isn't the only legitimate grounds for a U.K. employer to monitor workers' business e-mail. Other legitimate grounds include:

  • Avoiding harassment or inappropriate behavior by an employee.
  • Monitoring workers' performance and for training purposes.
  • Protecting employees' personal data.
  • Defending systems from being hacked.
  • Controlling transmission of trade secrets and confidential information.
  • Preventing departing workers from soliciting customers.
  • Ensuring compliance with corporate policies and procedures.
  • Complying with regulatory requirements.

Monitoring employee e-mail can amount to an offense under the Investigatory Powers Act 2016, except when the employer has a right to control the use of the system or has obtained a worker's consent, Ashcroft said. He emphasized that "this is where the importance of properly drafted policies come in," since, if an employee has consented to the internal communications policy, a company does not have to notify the employee again of the possibility of its intercepting his or her e-mail.

Tips for Employers

Ashcroft offered the following advice to employers on monitoring employee e-mail without infringing on employees' privacy rights:

  • Have a clear and comprehensive written company policy about personal use of the company's phone and e-mail systems, plus its Internet access.
  • Explain that any monitoring is necessary and not excessive.
  • Ensure that any monitoring is carried out in the least intrusive manner possible.
  • Bring the policy to the attention of workers and ensure that it is easily accessible.
  • Explain that employee e-mail marked "personal/private" will not be accessed by employers unless they have a legitimate reason to do so.

Employers may consider other options, such as prohibiting access to Web-based e-mail accounts at work, monitoring e-mail containing attachments and not wiping devices when they are returned.

Rosemarie Lally, J.D., is a freelance legal writer based in Washington, D.C.

Employment Law & Compliance
Global Mindset
Technology

Artificial Intelligence in the Workplace

​An organization run by AI is not a futuristic concept. Such technology is already a part of many workplaces and will continue to shape the labor market and HR. Here's how employers and employees can successfully manage generative AI and other AI-powered systems.



Related Content

Kelly Dobbs Bunting speaks onstage at SHRM24
(opens in a new tab)
News
Why AI+HI Is Essential to Compliance

HR must always include human intelligence and oversight of AI in decision-making in hiring and firing, a legal expert said at SHRM24. She added that HR can ensure compliance by meeting the strictest AI standards, which will be in Colorado’s upcoming AI law.

(opens in a new tab)
News
A 4-Day Workweek? AI-Fueled Efficiencies Could Make It Happen

The proliferation of artificial intelligence in the workplace, and the ensuing expected increase in productivity and efficiency, could help usher in the four-day workweek, some experts predict.

(opens in a new tab)
News
How One Company Uses Digital Tools to Boost Employee Well-Being

Learn how Marsh McLennan successfully boosts staff well-being with digital tools, improving productivity and work satisfaction for more than 20,000 employees.

Workplace Compliance Newsletter

Summaries of legal decisions, legislative news and regulatory news, delivered Friday afternoons.

Success title

Success caption

Manage Subscriptions
  • About SHRM
  • Careers at SHRM
  • Press Room
  • Contact SHRM India
  • Book a SHRM Executive Speaker
  • Advertise with Us
  • Copyright & Permissions
  • Post a Job
  • Find an HR Job
Contact Us

SHRM India Corporate Information
Email: shrmindia@shrm.org
Phone: (1)800.103.2198
WhatsApp: +919810503727

Follow Us
  • LinkedIn
  • Facebook
  • Twitter
  • Instagram
  • YouTube
  • SHRM Newsletters
  • Ask An Advisor

© 2025 SHRM. All Rights Reserved

SHRM provides content as a service to its readers and members. It does not offer legal advice, and cannot guarantee the accuracy or suitability of its content for a particular purpose. Disclaimer


  1. Privacy Policy

  2. Terms of Use

  3. Accessibility

Join SHRM for Exclusive Access to Member Content

SHRM Members enjoy unlimited access to articles and exclusive member resources.

Already a member?
Free Article
Limit Reached

Get unlimited access to articles and member-exclusive resources.

You've reached the limit of 1 free article this month. Join to access unlimited articles and member-only resources.

Already a member?
Free Article
Exclusive Executive-Level Content

This content is for the SHRM Executive Network and Executive Content Subscription members only.

You've reached the limit of 1 free article this month. Join the Executive Network and enjoy unlimited content.

Already a member?
Free Article
Exclusive Executive-Level Content

This content is for the SHRM Executive Network and Executive Content Subscription members only.

You've reached the limit of 1 free article this month. Join and enjoy unlimited access to SHRM Executive Network Content.

Already a member?
Unlock Your Career with SHRM Membership

Please enjoy this free resource! Join SHRM for unlimited access to exclusive articles and tools.

Already a member?

Your membership is almost expired! Renew today for unlimited access to member content.

Renew now

Your membership has expired. Renew today for unlimited access to member content.

Renew Now

Your Executive Network membership is nearing its expiration. Renew now to maintain access.

Renew Now

Your membership has expired. Renew your Executive Network benefits today.

Renew Now