Unfair dismsissal evidence

[lanan]

My brother has been dismissed for starting his own company. It is related to his current employers business, but not competition.
He has had a report showing that his employer had employed detectives to gain acces to business and private email accounts and bank accounts. Is this lawful ?

[jacobyte]

If his contract stated that he may not work outside of the company, then he's been rumbled good and proper, and he knows it.

Surely whether or not the detectives have been within the law is a totally separate matter?

[lanan]

Their is no contract of employment. Starting a seperate business is not the problem. Their investigation techniques are.!
Graham

[Jasper Gilder]

He'd have to show that his right to privacy under th ehuman rights act had been infringed - tricky... If he has no contract how can he prove he was an employee? - On the other hand not issuing one is unlawful.

Trouble with conflict of interest cases - or cases where the employer believes that the employee is setting up in business to compete with, or influence some part of their business, usually rates as an SOSR dismissal - very tricky for both sides as its something outside the usual getting sacked for nicking kind of stuff

[timsta]

lanan said:

My brother has been dismissed for starting his own company. It is related to his current employers business, but not competition. He has had a report showing that his employer had employed detectives to gain acces to business and private email accounts and bank accounts. Is this lawful ?

If he accessed them through the company computers then he is kinda screwed on a few levels; misuse of company property, and they have the right to audit their pc's.

HOWEVER, they are not allowed to log into his mail accounts, only read the stuff that is on his PC surely.

As for bank accounts? No Idea. I recon they are being a bit shady here. Might want to talk to a specialist.

[lanan]

The Company have had a forensic detective Co. on the job. They got into his business & private Email Accs, they interogated his mobile and rescued all deleted messages and call info. He was a little naive to hand it over. Serious Guys.!
But my problem is that they attempted to access private bank accounts and Email. Surely this can not be legal.
This not a data sensitive business, fairly mundane product.