Group: alt.uk.law
From: "Steve O"
Date: Sunday, October 21, 2007 4:00 PM
Subject: Re: Blackmail from old employer


"Matt" wrote in message
news:i1iFi.39016$ph7.27243@newsfe5-win.ntli.net...
> Hi I'm not personally in this situation but someone close to me is.
>
> I'm desperately seeking an answer to this, but essentially an old employer
> is Blackmailing someone I know
> by saying that 'she' has restored and read all deleted emails, skype
> messages and Is threatening to send these
> to the MD of the person I know new company to try and get them sacked.
>
> I don't think the messages contain anything illegal, maybe some 'bad
> mouthing' about the old boss but nothing sinister.
>
> What i'd like to know is in UK law is it legal to restore and read deleted
> emails and/or skype messages

Yes.
That is, if the messages and emails were being accessed from a company PC,
the firm have every right to intercept, restore them or do as they please
with them.
If you don't want your boss to read your emails, it's best not to access
them during working hours on company equipment.
If you do, those messages will be on the hard drive.. and it's their hard
drive.

> and then use these for the purpose
> of getting someone sacked from a new job?

The offence of blackmail occurs when someone makes an unwarranted demand
with menaces .
Your friends employers are not making any demands of her-unwarranted or
otherwise- they simply intend to pass on incriminating? emails to a
prospective employer.
Some people might even argue that they have a duty to do so.
Basically, you can't stop a former employer from telling someone else why
your employment was considered unsatisfactory or what you did on company
time.
Under the circumstances you have described blackmail would only occur, for
example, if they demanded money from her with the threat of passing on the
emails if she didn't pay up, or to do or not to do some act for their own
benefit or someone else's.

>
> Is there anything that can be done i.e any type of legal action to stop
> her from doing that.

No criminal laws apply here - it might be possible that your friend could
obtain some kind of civil gagging order to prevent the former employer from
passing information on, but I would imagine that would be quite expensive
and probably a waste of time.