Does he know that you know? Why has he done this?
Can you undo it? Have you raised the issue with him?
At present he does not know that we are aware of this situation which answers 2 of your questions.
It can be undone.
I cannot explain with any certainty his reasoning. I speculate that it may be to monitor conversations between Directors about sensitive board related issues. In this way I would again speculate that he would be advantaged in formal discussions in that he is already aware of the other Directors thoughts etc.
I refer you to my specific questions.
The computermisuse act is aimed at hackers and I probably wouldn't go there although thereis no harm in throwing it into any allegations that you make.
The director hadfree access to the email system and he has not actually done anything wrong.
However I thinkthis is a breach of trust between employees and between employer and the employee
It is a breach ofprivacy to look at personal and other emails not intended for the individual ifit is not in the company policy to do so. That itself is a disciplinary matterand is misconduct.
In one of thefirms of solicitors that I worked for we dealt with this in an unconventionaland "fun" way with one individual in the IT department who are done exactly thesame thing.
We sent a fewhigh priority emails between us where we said in the email "you know that XYZ reasonthese emails don't you because she has put forwarder on"
we then said whatwe wanted to say and at the end we said " hello XYZ, if you are reading this, Havea Nice Day". You might not want to do that but it did solve the problem. Therewas a very red face within a very short period of time. It never raised itshead again.
If you want to doit formally then you need to get evidence that this has been done and raise theissue. It may be that you want to remove the director but I don't know.
Once you have theevidence, I would write formally inviting him into a disciplinary meeting todiscuss the issue and tell him that he has the opportunity to have a workcolleague or union representative present. You may want to consider suspendinghim pending the outcome of any investigations.
I don't knowwhether he is a shareholder or not.
I would not hitit head-on until you have lots of evidence amassed that you can place in frontof him in a disciplinary meeting.
Can I helpfurther or explain any specific points
I am off-lineshortly and then I should be online and off-line all weekend so please bearwith me. If needed, I will pick this up at some stage.
Please don'tforget to positively rate my answer service (even if it was not what you wantto hear). If you don't rate it positively, then the site keep your deposit andI get 0 for my time. It is imperative that you give my answer a positiverating. It doesn't give me "a pat on the head", "good boy" (like ebay), it ismy livelihood!If in ratings you feel that you expected more or it only helped a little,please ask. Thank you.
He accessed the email server, created a forwarding email account and had all our business emails forwarded to that account. This was a deliberate act without our knowledge or consent. This advantages one Director over all others.
In terms of evidence, we have suspected that he was somehow reading emails as he seemed to have an uncanny ability to second guess at various meetings. The reason is now clear.
Has he hacked in or did he have free access to do this?
If he had access he commits no offence.
I abhor what he has done but can only give you the legalities. When I say wrong, I mean legally. Ethically it is totally wrong
Thank you. That is clear. He did have free access as it is within his particular remit to administer the IT side of the business.
The rest of us are technophobes.
I agree that it is ethically wrong and understand the legal position. Thanks again.
Excellent result then.
Is he being paid while off?
Why do you need him in generally?
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).