Employment Updates - November 2012

December 2012

Employment Updates - November 2012

No claim by employer over the contents of its employee’s emails

In the recent case of Fairstar Heavy Transport NV v Adkins & Another the High Court has confirmed the generally accepted position that propriety rights do not exist in information.  Employers, therefore, do not have any proprietary claim over the content of their employees’ emails.  

Employers should ensure that their contracts of employment include provision regarding the use of emails by employees and their return, on request or on termination of employment.  This equally applies to contracts with consultants.