Posted By Linda Crossland-Clarke Hi folks Sometimes I think we are expected to know everything, even none H&S related! Scenario. A friend was working abroad and given a company mobile phone handset, the phone contract was a "pay as you go" and my friend paid for all charges up front. Since leaving the company, under alleged sex discrimination issues, they have consulted a solicitor for advice. The company has since accessed all private text messages and issued a print out of all messages sent and recieved to try and claim inappropriate phone use and skirt around the sex discrimination claim. My friend was not allowed to wipe the phones memory before their departure, and surely the company has had to approach the mobile company to get a copy of all these messages? We are unaware of a company policy regarding mobile phone useage, and the work contract away was for 6 months, so personal texts are to be expected are they not? Are they allowed to use text messages this way, does data protection not come into this somewhere? Your thoughts would be appreciated and interesting. Regards. Linda SHE doesn't know at all.

Posted By Fred Pratley Some years ago when we were "given" company mobiles, we were required to declare whether or not we had used it for personal calls (for tax purposes, apparently regarded as a "perk"). Needless to say this quickly died a death, but the point is that the taxman expected personal calls to be made, and therefore so must every business, unless they specifically excluded it in their employment contract. Its very similar to using your private car for business. If you have an accident while on business your employer's insurance company will ask to see your personal car insurance cover, and if this does not specifically exclude business use, then your personal insurance company will have to cover the cost. It all depends on what is, or is not, in writing.

Posted By Descarte I know companies including local councils which get itimised bills including txts, you ahve to identify the numbers you were using for work purposes and those for personal use to make your claim both for claiming expenses and for tax purposes

Posted By Linda Crossland-Clarke Hi Thanks to everyone who responded on here and direct. All costs were paid by my friend and not the company, no policy is in place over usage. It gets better, as apparently the phone is supplied as part of a control measure for lone working - but you have to pay for the phone credit your self. Hmm. If anything comes of this that I can post, that may be of interest after a solicitor has had a look at the situation I will keep you informed. Regards. Linda SHE is learning!

Posted By gham Linda have a look over Section 5 of this link http://www.jisclegal.ac....anrights/humanrights.htm one of my pet hate is unlawful intrusion of personal communications within the workplace. Even if mail is sent to your work address with your name on it no person is allowed to open it only the addressee This i think also applies to all electronic communications: http://www.jisclegal.ac.uk/pdfs/eMonitoring_FE.pdf The employer now needs to demonstrate that they obtained the information lawfully have a look over this http://portal.nasstar.co...0at%20Work%20%202005.pdf I would doubt that they can obtain this information without telling her previously that they may under certain circumstances do it. Its probalby nowt you've already been told but there may been some more fire power you can use Also try a Google on "Privacy at Work" and try opsi.gov.uk for "Human Rights Act 1998", Data Protection Act 1998, The Regulation of Investigatory Powers Act 2000. If there is any pertinent case law you see that you would like more information on let me know the cases and i'll dig some out for you G'

Posted By gham Des i suspect you are correct and you still have too much time on your hands if you read all that Your old employer should have effectivley implimented their communications policy, then you would have been aware that you knew what it was if you know what I mean. Also if they monitor your communication under those conditions which are normally lawfully allowed they can only make copies to those communication which are in detriment to the business, e.g. you slagging them off or trying to poach customers or otherwise act in a manner which is not in the best intrests of the company. As far as i can recall they are not permitted to make copies/recordings of personal communications of an employee unless they have a lawful reason for doing so e.g fraud investigations etc where the police would be involved Invation of privacy is one of my pet hates it really gets me wound up