Is this legal?

[ThisIsSuchACrock]

Namechanged as things are getting nasty at work..., mooncups, etc...

Anyway, basically a bit of background-a friend has had a barney with someone else at work and although the other person (who gave as good as she got, and who started it!) hasn't made a complaint, the boss has put my friend on suspension pending an investigation of her 'gross misconduct'.

She is building her case as we speak.

The boss has been highly critical of her since he arrived, and we think he has been waiting for her to do something so he can step in with this.

My friend is now sure that he is going through her emails at work while she is suspended. Some of them are personal and she is concerned that he will read things he shouldn't (I know! I wish I'd known she was doing this as I'd have made her wipe all personal ones as soon as I found out, but too late now!).

The question is, she hasn't actually been found to have done anything to break any rules yet. He has suspended her pending the investigation.

Is it legal for him to access her emails?

Yes, it is. I have had a friend lose her job at the council for sending a personal, jokey, slightly inappropriate email.

If it happens on work time, it belongs to them.

it's also normal to suspend pending investigation into gross misconduct]]she should be getting paid though

Very likely it is. Sorry.

There should be a policy in place about privacy on IT systems and it would typically state something along the lines of the system being provided for business purposes and all information on company systems can be accesses by other staff in the company. (Where I worked their version of this appeared in a dialogue box at every log in).

But even if the policy is ropey; as she is suspended, there is a clear business need to access emails arriving for her, so the company's business can continue efficiently. In discovering what is a work email which requires action during her suspension, they are bound to see everything which arrives.

Thanks for all your replies.

for my friend. I know she has been stiched up and she doesn't deserve this.

You are all right about the emails though and I suspected as much. ACAS have just confirmed it. I'm going to change my name back now. Thanks for all your replies.

Don't mean to hijack but do you think it is always the case where they will sack over email/Internet use? What about if dispute over what is classed as own time?

can you explain what you mean LoveBeingAFirework? Employers won't always sack over most things, it would depend on to what extent policies have been breached or behaviour inappropriate. Whether something takes place during work time is relevant in some cases and not in others.