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Ben Jones
Ben Jones, UK Lawyer
Category: UK Employment Law
Satisfied Customers: 47902
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I am a teacher I opened my personal email at work on my

Customer Question

Hi I am a teacher I opened my personal email at work on my teacher computer primarily to look at work emails, school send emails direct to personal emails at their request and we have no work emails I did not close myemail I minimised it but thought I had closed it, apparently in my spam there was email message headers with very inappropriate language. I have since seen the spam and this appears to be the case. Spam was not the page opened at the time I am awaiting to hear what is going to be done
Submitted: 2 years ago.
Category: UK Employment Law
Expert:  Ben Jones replied 2 years ago.
Hello, my name is ***** ***** it is my pleasure to assist you with your question today. How long have you worked there for?
Customer: replied 2 years ago.

I have worked there for approx. 15 years

Customer: replied 2 years ago.

Hi can someone please respond

Expert:  Ben Jones replied 2 years ago.
Hello, i am sorry but i was offline by the time you had responded. I would not say that what you have done is necessarily wrong. The whole point of a spam folder is to catch unsolicited emails. There are plenty of inappropriate spam messages sent to many emails addresses and this is not your choosing – often you have no say as to what junk mail you receive in your emails. So the fact that you had inappropriate messages in your mail account does not mean you have done anything wrong. I would have been more worried if you were the one that had sent or created the messages as that is when a person’s actions are more likely to amount to misconduct. However you have not really done anything wrong in this situation – the contents of your spam folder are not your choice and you should not be reprimanded for receiving such messages.
Saying that, it does not prevent your employer from investigating this if they believe you have done something wrong. Investigating someone does not make them guilty – the employer still needs to gather evidence before they decide on whether there is a case to answer and on your situation any investigation should show that you have not really done anything wrong.
It is also worth noting that as you have over 2 years’ service with the employer you are protected against unfair dismissal. This means that they have to show there was a fair reason to dismiss you and also follow a fair procedure. In the circumstances it is unlikely that they would be able to justify this so I would hope this does not end up in dismissal. Even if they do try and discipline you you would be able to defend yourself and also appeal any outcome. So for the time being just cooperate with the employer’s requests and help them if they are investigating this and see how things pan out, knowing that your rights a as described above and you do have certain protection.
I hope this has answered your query. Please take a second to leave a positive rating, or if you need me to clarify anything before you go - please get back to me and I will assist further as best as I can. Thank you
Expert:  Ben Jones replied 2 years ago.
Could you please let me know if this has answered your original question or if you need me to clarify anything else in relation to this? It is important for us to know either way so we can track customer satisfaction or identify whether I need to help you further? Thanks