04 May Article 8 of the ECHR

The EAT has upheld an employment tribunal finding that Article 8 of the European Convention on Human Rights was not engaged when an employer used for disciplinary purposes material seized by the police in the course of a criminal investigation. While the aspects of private life capable of falling within Article 8 are potentially wide, the EAT noted that whether an employee has a reasonable expectation of privacy will depend on the facts. In this case, the tribunal had been entitled to find that the employee could not have a reasonable expectation of privacy in relation to material about a personal relationship with a work colleague which had been turned into a workplace issue by the employee’s conduct. Source: PLC on Employment Law




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