In this case, the Claimant was dismissed after the employer used private material seized by the police in the course of a criminal investigation after it came to an end.  The Claimant argued  that this use of photos and emails infringed Article 8 of the European Convention on Human Rights - theright to a private life. 

The Employment Tribunal concluded that the Claimant had no reasonable expectation of privacy in respect of emails sent to a work colleague, with whom he had had a relationship, and photographs on his iPhone. 

Lessons for Employers? Check whether there is a reasonable expectation that correspondence by an employee to and from work are private, before investigating or using them in disciplinary proceedings in relation to the employee.

The case? Garamukanwa v Solent NHS Trust UKEAT/0245/15/DA