Legality of snooping on a logged in account?

TheLegendOfMart · 23 Jun 2019 at 14:44

My second cousin has been suspended from work pending an investigation. The letter they gave him said "Gross Misconduct - Accessing illegal websites during working hours".

He isn't the sharpest tool in the box so didn't take in any information in the initial meeting where he told he was being suspended. They wouldn't let him take in a family member, which they have the right not to, but took the work colleague aside just before the meeting telling the colleague he could come in but wasn't allowed to speak.

He came to my house to seek advice and while on the phone with the HR person she said that he had logged into his personal Gmail on the "work system" and walked away while leaving it logged in. I don't know much more about it but I assume that someone else at his work must have started snooping into his logged in account and saw that he accesses porn and torrent sites who then reported it.

He is a carer which is why I assume they suspended him instantly pending investigation. He says he has never logged into a "work system", he doesn't have a work issued computer, laptop, phone or otherwise. He starts work at 7 and all of his rota is in paper form and he goes straight out to supporting the disabled people till the end of the work day.

I'm not sure I believe that he has never logged into a work computer but do they have any right to just snoop into his emails or even fire him for websites he accesses out of work time?

I assume they saw all this dodgy internet history and are trying to construct a narrative to dismiss him.

TheLegendOfMart · 23 Jun 2019 at 14:57

Tell me about it... He is 60 and doesn't have all his mental faculties about him. He barely understands how computers work. All he got out of HR was that he logged into his gmail on the "work system" and then left it logged in. I actually heard HR say this over speakerphone but they wouldn't let me speak.

He protests a little too much about not having access to a computer in the main office but I have to give him the benefit of the doubt. If he was caught then they wouldn't be investigating the 'allegations'.

He is out of the office all day at the houses of disabled people. He can't just leave and go back to the office and if he did he would have had to sign into the building.

TheLegendOfMart · 23 Jun 2019 at 15:01

HR said that there had been an allegation. Which could mean he was caught doing it on his phone but then I heard HR on speakerphone say he logged into a 'work system' and left it logged in and walked away.

TheLegendOfMart · 23 Jun 2019 at 15:08

He has a solicitors meeting on Tuesday he just wants me to write down a list of things to run by the Solicitor.

TheLegendOfMart · 23 Jun 2019 at 15:17

Surely snooping on his private emails without consent is illegal? Even if it is in his contract that they can surely they would have to get consent first?

I get that this is hard to pin down because there is so little information to go on. He doesn't have the brains to connect any device to their network which is why all of this is so confusing.

From what I can understand they are saying he logged into the "work system" and walked away. Someone else came along and started looking at his emails and browsing history who then reported it to their boss.

TheLegendOfMart · 23 Jun 2019 at 15:22

smokedog said:
Yet, he's accessing torrent sites.

His kids showed him how to do it. I'm forever having to go down and wipe virii and shout at him but he never learns.

TheLegendOfMart · 23 Jun 2019 at 15:26

That's what confuses me. They specifically said he logged into his email and left it logged in not that he had been browsing websites. I know the suspension letter says Gross Misconduct accessing illegal websites but to the computer illiterate someone could see his browsing history on his personal time and assume he has been browsing at work.

I guess I will find out after the next meeting after the solicitor. I just wanted to know if it was illegal to snoop into a logged in account. So I can write up some questions and other stuff so he can give to the solicitor as I doubt he would be able to explain the situation to them.

TheLegendOfMart · 24 Jun 2019 at 14:26

He's going to a meeting tomorrow and HR wont talk to him saying its "out of their hands now". So I'm guessing he's about to be dismissed and I will probably find out the details. He's got a meeting with solicitor earlier in the day too.

TheLegendOfMart · 24 Jun 2019 at 19:27

I dont want to go into too many details for obvious reasons. He got a copy of the notes that were taken during the investigative meeting.

It all stems from him asking his work colleague to reset his facebook password and when the senior logged into my 2nd cousins gmail on the seniors company laptop it sent all of his emails and internet history to them.

They have a policy about not accessing the internet while caring for clients. They have evidence that he has been looking at a torrent site while at work purely by the fact it pings in his internet history at specific times and they compared it to his rota.

I've checked his phone and there is no evidence of a torrent site being accessed on his phone. I can only assume that he left it logged in at home and popups are appearing or the site is refreshing at those times which show up in his history.

In his contract they have an Electronic Communication Policy that says they can monitor email messages and internet use to be carried out when deemed necessary. I think they are concerned that he has been looking at dodgy sites while caring for their clients.

TheLegendOfMart · 24 Jun 2019 at 20:45

They work in pairs, his senior is the more experienced member of staff. My second cousin is the one about to be sacked. Them are the company who is about to sack him.

TheLegendOfMart · 24 Jun 2019 at 21:17

It's a company laptop, I am assuming they have software installed that captures all that information.

TheLegendOfMart · 25 Jun 2019 at 09:14

I know its a badly told story. I told it how I was being told at the time. I only got to see the notes of the meeting yesterday when I updated the post.

All I wanted to know is, are they allowed to snoop on his personal information. Thats it.

TheLegendOfMart · 26 Jun 2019 at 11:39

Basically one time while out caring for a 'service user' (basically the disabled person). My 2nd cousin (the guy who is about to get sacked) couldn't reset his Facebook password on his phone so his 'senior' (more experienced carer) offered to reset it via the seniors work laptop. The senior logged into my 2nd cousins account to access the password reset link and in doing so it somehow sent all of the emails and web browsing history that my 2nd cousin accesses at home.

Some time later someone has made an allegation about his internet usage and the company he works for have found that all of his history was in their logs. HR went through the hundreds of pages hes ever been on going back years and found torrent sites and porn sites. They then suspended him pending an investigation into his internet usage. They are computer illiterate it seems and they think he is doing that at work on their laptop despite him not having access to a work laptop, only seniors have it.

The company have 'electronic communication and web usage' policies about accessing websites at work like social media,etc... let alone going on illegal websites and porn. So now they are gearing up to get rid of him because they think he is doing it while at work.

TheLegendOfMart · 26 Jun 2019 at 11:44

Yes they logged into his Gmail to access the password reset link.

I don't know HOW they got it but they have. They wont share.

TheLegendOfMart · 26 Jun 2019 at 11:49

I know about ACAS, he's been there under two years and they have policies about internet usage there is nothing he can do. I just wondered if there was another angle about accessing all of his information without consent.

TheLegendOfMart · 26 Jun 2019 at 13:01

I suspect the guy is fearful for his job. I doubt he would want to drop himself in it. I wouldn't be surprised if he lied and said my cousin used it without the senior knowing.

TheLegendOfMart · 26 Jun 2019 at 19:11

So he got fired for multiple counts of breaking their policy of using his phone and going on the internet while at work. It had nothing to do with what kind of internet sites he was going on.

He didn't say he had a meeting so I guess that's that then.

TheLegendOfMart · 26 Jun 2019 at 19:18

I mean I can understand their policy. If you are looking at social media on your phone you aren't caring and if the disabled person gets hurt then they are liable.