Blog
From garage to unicorn – Employment law lessons for scaling tech teams
Catherine Bourne
Ever been tempted to surreptitiously e-mail yourself a couple of documents from work, just in case? Maybe you want them as evidence of your past experience when moving roles; or maybe you think you will need to use them against your employer at some point in the future? Well don’t! And remember this case next time you are tempted.
The decision of the European Court of Human Rights last week appeared to answer a difficult question for employers, namely are they able to snoop on their employees' electronic communications to check they are complying with their email / electronic communications policies? In that case, the answer had been “yes”, because a fair balance had been struck between the employee's right to respect for his private life on the one hand, and his employer's interests, such as to check for potential damage to their IT systems, illicit activity in the company's name or the leaking of company secrets, on the other.
The recent High Court decision in Patural v DB Services (UK) Ltd is an illustration of the principles on which the courts will examine an employer’s exercise of their discretion in awarding bonuses. The employee’s claim that his employer had exercised this discretion improperly in awarding him a smaller bonus than his colleagues was dismissed without proceeding to full trial.
Skip to content Home About Us Insights Services Contact Accessibility