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The Perils Of Email |
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Email is a quick and easy medium to use, but what you put
in an email can end up on the screen of someone who was
not intended to read it. What would happen for example if
you copy critical comments about an employee to that
person by accident?
Depending on what you have said about your colleague, he
or she could respond by raising a grievance, or in extreme
cases by resigning and claiming constructive unfair
dismissal or if appropriate bring a discrimination claim.
The employee may also request disclosure of the personal
information held about him/her whether on paper or held
electronically under the Data Protection Act, including
emails. You are not obliged to disclose copies of
confidential references given by you to third parties. You
are however obliged to disclose references given to you.
The obvious comment to make is that you should not put in
writing anything about an employee that would embarrass
you if that person saw it. If the damage has been done and
you are in the wrong, you will minimise the risk of a
claim if you make a prompt apology. Depending on what was
originally said, it might prove necessary to institute a
formal investigation. If the comments were about an
employee's performance, such issues should be dealt with
via a formal performance procedure.
This kind of situation is potentially very damaging to
employers but is becoming increasingly common. Think twice
before you commit your off-the-cuff remarks to email!
If an employee is mistakenly copied into an e-mail between
partners which discusses that employee in a very negative
and critical way is he entitled to request and receive
copies of all such e-mails between partners relating to
him?
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