EAT case EAT/0417/02/DA on 17th February 2003.

Avocet Hardware plc v Morrison, EAT case EAT/0417/02/DA on 17th February 2003.
The full text judgment in this case is available free of charge on the EAT web-site.

a private employer who has obtained evidence of an employee's misconduct by intercepting a telephone call made by the employee can insist on that evidence being heard by an employment tribunal in an unfair dismissal case subsequently brought by the employee even though the interception was unlawful under the Regulation of Investigatory Powers Act 2000 and not permitted under Telecommunications Lawful Business Practice Interception of Communication Regulations 2000, SI 2000/2699. The position will be different if the employer is a public authority because public authorities, unlike private citizens or companies, are bound by European Convention on Human Rights art 8 (respect for privacy).

For relevant general notes see Data protection/e-mail and internet policies and/or Data protection/Code of Practice/Monitoring staff - part 3 and/or Procedure of Employment Tribunals/2001 rules/rule 11 - Procedure at hearing and/or Human Rights/telephone privacy .