Mr J Alom v The Financial Conduct Authority

Does your employer having access to your work devices constitute a breach of privacy under the European Convention of Human Rights?

The Claimant in Alom v Financial Conduct Authority believed so.

What happened?

• Mr Alom was involved in a workplace argument with a colleague.
• The colleague then received an abusive, anonymous, email which amounted to harassment.
• Mr Alom was suspected of being the sender.
• An investigation was opened and a search of Mr Alom’s work computer was conducted.
• This did not confirm the sender of the email, but the employer concluded that Mr Alom had sent the email and he was dismissed for gross misconduct.

Mr Alom brought a claim.

He argued that his dismissal was procedurally unfair for the following reasons:

1. He was not provided with a transcript of the interviews with the colleague who accused him of sending the email.
2. A script prepared for the line manager indicated that the outcome had already been decided.
3. That the search of his work computer was a breach of his right to privacy under the European Convention on Human Rights.

But the tribunal dismissed all three claims!

It was held there was not an absolute requirement to provide interview transcripts.

Not providing the interview transcripts did not make the process unfair because the decision to dismiss was not based on the interview transcripts.

The court acknowledged that there was ‘force’ in the argument and employers should be careful about using scripts.

The employer’s IT policy made staff aware that their company systems were monitored, so the tribunal dismissed this claim also.

Why does this matter?

The tribunal was clear that Mr Alom’s argument about the scripts making the investigation process unfair was strong, with slightly different circumstances he may have won.

What can HR do to prepare for this?

• Ensure a fair process during investigations, do not provide investigators with a script.
• Update IT policies to make sure you can conduct necessary searches of workplace systems.
• If evidence is used when coming to a decision following an investigation. Make sure you provide the employee being investigated with a copy.

Need help?

At PJH Law we specialise in Employment Law, feel free to call our office on 01780 757589