Can work trace yahoo emails ?

tizerbelle

Strider590 wrote: »

They can't prove it

Employers don't have to prove it - they only need to have a reasonable belief based on the information they do have.

macman

Even without proof, her card will be marked.

Strider590

tizerbelle wrote: »

Employers don't have to prove it - they only need to have a reasonable belief based on the information they do have.

Then what? They'd get ripped to shreds in an employment tribunal if they didn't have any proof of a wrong doing. Especially in something IT related.

tizerbelle

There you go using the proof word again, its not relevant. They don't need the IP address, the writing style including grammar, spelling etc can help identity the sender; other employees could offer a statement about who sent it, has the sender used or given that email address to anyone else? I've been identified previously on another forum using another username by writing style alone.

The employer could build a substantive case against the email sender without being 100% certain they've got the right person and take action based on that belief.

If they went for a warning rather than dismissal, then there's no appeal to an ET.

If dismissed, the employee would have to pay to go to ET and if the employer can show that their belief was reasonable given the information found, the ET would have to accept it, ET's can't substitute their opinion for an employers, they can only judge whether the decision was in a range of reasonable responses.

As far as ET's go, its not the same burden of proof as with court cases. It's reasonable belief not proof. As someone else posted, even if the employer takes no action but suspects the sender, they may find their working life gets rather uncomfortable.

duchy

And if she's had the job for less than two years they can simply let her go without needing to give a reason anyway. She's presumably very young to do something so dim in the first place so odds are it's her first job.

Whichever way you look at it she's marked her own card and the best thing she can do is start looking for a new job. May not be a bad thing as she's so dissatisfied with her manager.......and now that feeling is definitely mutual !

stephenliverpool1

Her yahoo account doesn't show her ip address or computer name. I found the following article http://www.ghacks.net/2013/11/14/find-email-provider-leaks-ip-address-recipients/ and used the em IP leak link http://emailipleak.com/ to show her yahoo account does not leak anything. Trouble is my outlook em account does leak. Oh well never mind.

securityguy

Strider590 wrote: »

Then what? They'd get ripped to shreds in an employment tribunal if they didn't have any proof of a wrong doing. Especially in something IT related.

Employment tribunals are civil courts and find on the basis of the balance of probabilities. 51% is enough. They don't need proof beyond a reasonable doubt, nor anything remotely close to it. In a criminal court simply waving vague counter-examples ("email is easy to forge") is sufficient to create reasonable doubt; it's not enough to overturn balance of probabilities.