Think before you hit “send”

Many managers assume that internal emails are private conversations. In reality, they should be written with the expectation that they may one day be read by the employee concerned, an Employment Tribunal, a solicitor, the Information Commissioner’s Office (ICO), or all three.

One of the biggest misconceptions in the workplace is that employees will never see internal discussions about them. However, under UK data protection legislation, employees have the right to submit a Subject Access Request (DSAR), requiring their employer to disclose personal data held about them.

What many employers don’t realise is that this can include emails, meeting notes, messages, investigation records, grievance documentation and internal correspondence where the employee is the subject of discussion.

This is where problems often arise.

A manager may send what they believe is a harmless email expressing frustration about an employee, questioning their motives, speculating about sickness absence, or sharing a personal opinion about performance. Whilst these comments may feel informal at the time, they can become highly problematic if later disclosed.

Personal data is not limited to personnel files or HR records. Emails discussing an employee’s conduct, attendance, capability, attitude or workplace relationships can all potentially fall within the scope of a Subject Access Request.

Employers are often surprised when an employee receives copies of internal emails containing comments such as:

“I think they’re playing the system.”

“I don’t believe they’re really ill.”

“They’re more trouble than they’re worth.”

“I think we should get rid of them.”

Even where no legal claim follows, these types of comments can seriously damage trust and confidence in the employment relationship. In more serious cases, they can create evidence that supports allegations of discrimination, victimisation, predetermined disciplinary outcomes or unfair treatment.

This is particularly important when dealing with sensitive issues such as sickness absence, disability, grievances, disciplinary matters or flexible working requests. Decisions should always be based on evidence, not assumptions or personal opinion.

For SMEs, the practical lesson is simple. If you would be uncomfortable reading an email aloud in an Employment Tribunal, it probably should not be written in the first place.

If you have any concerns about this subject contact us at enquiries@121hrsolutions.co.uk and we can discuss.

Think before you hit “send”

121 HR Solutions Ltd