In Simpkin v The Berkeley Group Holdings PLC, the High Court held that an employee can have no reasonable privacy expectation for a personal document saved to his folder on the employer’s server. The reasons were as follows: (i) Simpkin (S) had signed the company’s IT policy which made it clear that emails sent and received on its IT system were the employer’s property; (ii) his employment contract stated that his emails were subject to monitoring without his consent; (iii) the document was created in the course of S’s employment while he was at the employer’s office; and, (iv) S saved the document to his folder on one of the employer’s central servers.

This update provides summary information and comment on the subject areas covered. Where employment tribunal and appellate court cases are reported, the information does not set out all of the facts, the legal arguments presented and the judgments made in every aspect of the case. Click on the links to access full details. If no link is provided, contact us for more information.  Employment law is subject to constant change either by statute or by interpretation by the courts. While every care has been taken in compiling this information, SM&B cannot be held responsible for any errors or omissions. Specialist legal advice must be taken on any legal issues that may arise before embarking upon any formal course of action.