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Work - legal question

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  • 17-01-2003 9:46pm
    #1
    qnewbie
    Closed Accounts Posts: 1 ✭


    1) what charges (if any) can be brought against someone for accessing "Private and Confidential" company files on the companies computer system?

    2) can employers require an employee to take a lie detector test?
    and what if the employee refuses?


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    #2
    Victor
    Registered Users Posts: 78,370 ✭✭✭✭Victor


    First off, ask yourself is this a "storm in a tea cup"?
    Originally posted by qnewbie
    1) what charges (if any) can be brought against someone for accessing "Private and Confidential" company files on the companies computer system?
    It depends. Do your terms of employment normally require you to access such documents? If yes, this may be a defence.

    Have you previously been told not to access such files? Were the documents secured in anyway (hidden directory, pass worded)? Were they marked "Private and Confidential" on the 'outside'? Did you deliberately or without due care access the documents knowing you shouldn't? Are these documents of such a sensitive nature that you may be in breach of statute (accessing information covered by client / solicitor privilege, the Children’s Act, Data Protection Act). If you answer yes to any of these questions, your employer could bring disciplinary proceedings for breech of duty and / or breech of legitimate instructions (and possibly for illegal activity). The procedure and sanction from such disciplinary behaviour should be covered by your contract and / or the firm's disciplinary code. In theory, sanctions could include verbal and written warnings, suspension with or without pay or dismissal.
    Originally posted by qnewbie
    2) can employers require an employee to take a lie detector test?
    Probably not (but I'm not a solicitor, unless it is specifically covered in your contract (your contract may refer to the firm's disciplinary code and it may refer to such tests). You are entitled to natural justice - a presumption of innocence, fair proceedings, the right to be heard and face your accuser and the right to be assisted (by say a trade union official, family member or solicitor). Generally your accuser should not be the one judging your case (difficult in very small firms).
    Originally posted by qnewbie
    and what if the employee refuses?
    I don't think you can be forced to do it. Your method of refusing may influence your employer's thought on the matter. Your employer may take a dim view of your refusal and target you in the future (this may be illegal).


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