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29 January 2016 / Michael Salter , Chris Bryden
Issue: 7684 / Categories: Features , Employment
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Becoming anti-social (Pt 2)

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Chris Bryden & Michael Salter bust some myths surrounding the Barbulescu case

“Bosses can snoop on workers’ private emails and messages”. “Britain has a new human right…freedom to spy on employees’ emails”. “Private messages at work can be read by European employers”. These were just three attention-grabbers (from The Telegraph, the Daily Mail and the BBC News website) following the decision of the European Court of Human Rights (ECtHR) in Barbulescu v Romania (App no. 61496/08). Perhaps predictably, a proper reading of the case reveals that matters are not quite so clear-cut.

Mr Barbulescu was a sales engineer. He was requested in the course of his employment to create a Yahoo Messenger account, for the specific purpose of communicating with his customers and responding to their enquiries. The employer had a written policy which prevented its computers and other equipment from being used for personal purposes. It transpired that Barbulescu had indeed used his account for such purposes, and was discovered due to monitoring of the Messenger account by

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MOVERS & SHAKERS

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

Muckle LLP—Roland Fairlamb

Muckle LLP—Roland Fairlamb

Specialist associate solicitor rejoins Muckle’s leading employment team

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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