misuse act is aimed at hackers and I probably wouldn't go there although there
is no harm in throwing it into any allegations that you make.
The director had
free access to the email system and he has not actually done anything wrong.
However I think
this is a breach of trust between employees and between employer and the employee
It is a breach of
privacy to look at personal and other emails not intended for the individual if
it is not in the company policy to do so. That itself is a disciplinary matter
and is misconduct.
In one of the
firms of solicitors that I worked for we dealt with this in an unconventional
and "fun" way with one individual in the IT department who are done exactly the
We sent a few
high priority emails between us where we said in the email "you know that XYZ reason
these emails don't you because she has put forwarder on"
we then said what
we wanted to say and at the end we said " hello XYZ, if you are reading this, Have
a Nice Day". You might not want to do that but it did solve the problem. There
was a very red face within a very short period of time. It never raised its
If you want to do
it formally then you need to get evidence that this has been done and raise the
issue. It may be that you want to remove the director but I don't know.
Once you have the
evidence, I would write formally inviting him into a disciplinary meeting to
discuss the issue and tell him that he has the opportunity to have a work
colleague or union representative present. You may want to consider suspending
him pending the outcome of any investigations.
I don't know
whether he is a shareholder or not.
I would not hit
it head-on until you have lots of evidence amassed that you can place in front
of him in a disciplinary meeting.
Can I help
further or explain any specific points
I am off-line
shortly and then I should be online and off-line all weekend so please bear
with me. If needed, I will pick this up at some stage.
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