I resigned without notice - now ex-employer has reinstated and monitors my email!!!

heinov

I resigned without notice on 11th April on the grounds of constructive dismissal for repudiatory breach of contract.

Having been the commercial director of the company, I was also the administrator on the company's Microsoft BPOS cloud email account. I had told my MD that he has 24 hours to take over the various services within the company that were under my control (NatWest, Vodafone, email etc.).

The next day then, I disabled my email account - but I've now found out that the company has reinstated my account to harness my business contacts. It is therefore intercepting the email traffic without consent from neither the sender nor the intended recipient.

The Telecommunications (Lawful Business Practise) (Interception of Communications) Regulations 2000 define exactly in which circumstances an employer is allowed to monitor employees' emails without consent.

However, that framework seems to only apply when the employee is still working for the company.

My question is: what's the applicable law in case the employee has resigned?

maninthestreet

You're no longer an employee of the company - you resigned without notice. They can do whatever they want with your old business email account - you aren't an employee of the company anymore. They were not 'your business contacts', they were you employer's business contacts.

Welshwoofs

Was it a company email account? If so, I'd have thought they would be within their rights to enable it and any contacts you had made via it would be business and not personal.

Valli

For a guess, because my law qualification predates e mail etc I would suggest that an employer or even a former employer would have the right to reinstate email accounts in the manner you suggest in order to prevent you using contacts made in your job to either take your contacts to a new employer or to set up an independant business of your own in competion with your former employers. Also the situation is clearly not an amicable parting of the ways if you resigned without notice. Since that too would have been in breach of your contract your former employer could legitimately claim they need this access in order to minimise the (negative) effects caused by you effectively, walking out of your job.

But that's just a guess based on old case law which predates the act you mentioned. You haven't resigned in tha manner you were contractually obliged to do, ie giving employers the specified period of notice...

Emmzi

are the company pretending to be you or misrepresenting why you left?

and how do you know they are accessing your mail?

heinov

I resigned because I wasn't paid regularly on numerous occasions. That is a repudiatory breach of contract (written or otherwise) on the employer's part.
The business contacts are mine - I brought them to the company - that was the very reason they wanted me in the first place. I was a consultant to the business and not on the company's payroll i.e. PAYE.
The added value I provided was through my contacts and knowledge so, as a consultant, if you're not paid, the work I did for the company remains my IP.
There have so far been 2 cases of possible misrepresentation of 1) why and when I left and 2) the manner in which I left - with a bit of defamation thrown in for good measure...

Emmzi

I am now very confused. This sounds like you are self employed but you resigned rather than terminated your contract? But you were a director. So you cannot be a consultant. Did you own shares etc?

Did your contract of engagement cover IPR?

It does sound a bit like you need a contract lawyer to assist in a cease and desist notice.

I am struggling a little with why these contacts are no longer "yours" - don't you still know them all?

neil277

heinov wrote: »

I resigned because I wasn't paid regularly on numerous occasions. That is a repudiatory breach of contract (written or otherwise) on the employer's part.
The business contacts are mine - I brought them to the company - that was the very reason they wanted me in the first place. I was a consultant to the business and not on the company's payroll i.e. PAYE.
The added value I provided was through my contacts and knowledge so, as a consultant, if you're not paid, the work I did for the company remains my IP.
There have so far been 2 cases of possible misrepresentation of 1) why and when I left and 2) the manner in which I left - with a bit of defamation thrown in for good measure...

If the companies business account paid for the IP then it belongs to them, the contacts belong to the business even if you brought them to the business.
You walked out from your job so you sacked yourself their is no misrepresentation, all contacts and IP belong to the company, you say you were not on the Payrol so to be quiet nice you have been used just for your contacts.

Thanks

Neil

heinov

To Neil:

In returning the favour let me also be quite nice: It looks like you don't have even the faintest clue so why reply?

So in your little world...if your employer doesn't pay you, you'd be staying on? Don't tell that to your employer :-), they might just take you up on it. And I'll refrain from commenting on your 'walked out', 'sacked yourself' and 'no misrepresentation' roller coaster...

I'm a specialist in international copyright in and around digital content syndication...and I'm not worried about my contacts...I'm just cheesed off they're trying! And I will put a stop to it!

How do you think I found out? I got a call straightaway of course!

Emmzi

heinov, really need an answer to my questions to advise on relevant law. Your employment status is unclear as is your remuneration basis and IPR content of your contract.

Also "contacts" are not normally IPR as *such*...

Of course if you are sorted and just wanted a rant, that is fine also.

neil277

heinov wrote: »

To Neil:

In returning the favour let me also be quite nice: It looks like you don't have even the faintest clue so why reply?

So in your little world...if your employer doesn't pay you, you'd be staying on? Don't tell that to your employer :-), they might just take you up on it. And I'll refrain from commenting on your 'walked out', 'sacked yourself' and 'no misrepresentation' roller coaster...

I'm a specialist in international copyright in and around digital content syndication...and I'm not worried about my contacts...I'm just cheesed off they're trying! And I will put a stop to it!

How do you think I found out? I got a call straightaway of course!

In the eyes of the law you walked out of your job, its not if the company paid you or never paid you, you walked out of your job. Sorry you don't have a leg to stand on