The work email minefield

By Taylors Solicitors

20 May 2014

We live in an ever more complicated world and the lines between our professional and private lives can easily become blurred. So what happens when an employee's conduct outside of work starts to impact upon their position within work?

By Ashna Chada, Taylors Solicitors.

Richard Scudamore, chief executive of the Premier League, allegedly made sexist comments in private email exchanges with a lawyer friend, which were subsequently leaked to the Sunday Mirror newspaper. It has been suggested that Mr Scudamore could be charged under the rules of the Football Association (FA) and the Premier League’s own Anti-Discrimination Policy.

Sports Minister, Helen Grant, described the content of the emails as "unacceptable and very disappointing", while the Shadow Minister for Sport, Clive Efford, has written to the Premier League asking why no action has been taken against Scudamore and they are due to meet next week to decide whether he should face further action.

Mr Scudamore has emphasised that the emails were private but has apologised for his “error of judgement”. In his statement, Scudamore said the comments were made in "private emails exchanged between colleagues and friends of many years. They were received from and sent to my private and confidential email address, a temporary employee, who was with the organisation for only a matter of weeks, should not have accessed and was under no instruction to do so”.

But in the world of social media and email, can there be a difference between public and private?

Current UK employment law talks only of conduct, rather than conduct at work. There may be circumstances in which an employer would be entitled to challenge employees over their conduct outside the workplace if it is capable of adversely impacting the business or employment relationship in some way.

A good example of this was the well known case of Gosden –v- Lifeline (2008). Taylors’ Head of Employment, Will Clayton, advised Lifeline throughout in the case that was considered at the time to break new ground; it is still regarded as a good law, relevant to the ever-growing digital world and social media platforms.

Mr Gosden, an employee of the national charity, Lifeline Project, sent an offensive email from his home computer to that of a colleague, Mr Yates, who worked for HM Prison Service (HMPS). The email contained racist and sexist content and encouraged the recipient to pass it on to others. Mr Yates forwarded the e-mail on to the work computer of a colleague at the prison at which he worked and HMPS then became aware of the email and that it had originated from a Lifeline employee. The content of Mr Gosden’s email was entirely contrary to Lifeline’s charitable objectives and long standing commitment to equality.

Lifeline dismissed Mr Gosden for his actions as they were regarded as gross misconduct and conduct capable of bringing Lifeline into disrepute with HMPS.

The Employment Tribunal concluded that the decision to dismiss Mr Gosden was entirely fair and within the range of reasonable responses open to Lifeline. The potential damage to Lifeline's reputation could have been considerable. The Tribunal specifically found that Mr Gosden was not entitled to expect privacy in his email given, not least, that it was part of a chain email that he endorsed and contributed to by passing on to others with a request that they did the same.

The moral of this story is that people have little power or control over where their ‘private’ emails may end up. Mr Gosden may not have intended the email to end up within HMPS but that did not prevent Lifeline for holding him responsible.

Despite only being an Employment Tribunal decision, this case (and other that have followed it) provide guidance on the approach that Tribunals may take in such cases. No doubt we will see many more of these types of cases in future and it is worth reviewing your disciplinary procedures and codes, as well as equal opportunity policies, in order to consider whether any amendments are required to address these sorts of situation in your business.  

Latest news

1

East Lancashire Chamber appoints new membership director Sarah Dean Profile

East Lancashire Chamber appoints new membership director

30 Sep 2026

2

Lancashire business leader calls for better engagement with family firms Neil Evans 2020 1200x800

Lancashire business leader calls for better engagement with family firms

30 Sep 2026

3

Optical group one of best managed in UK C220d0e1 0587 4ca3 Af39 D14997f24b35

Optical group one of best managed in UK

30 Sep 2026

4

Salad days as grower seals major £250m deal with Asda Asda Back British Grower With 250m Long Term Investment 1

Salad days as grower seals major £250m deal with Asda

29 Sep 2026

5

fulfilmentcrowd records 19 per cent EBITDA increase Fulfilmentcrowd

fulfilmentcrowd records 19 per cent EBITDA increase

29 Sep 2026

Background image for hub sign up block

LBV Hub

Leverage Lancashire Business View platforms

Post your news
Post your events
Post your offers
Build your network
Improve your SEO
Gain coverage in the magazine
Sign-up
Events
All In One Network
LBV Website Events GraphicAll In One Network 15 Oct 2026

All In One Network

The Leisure Box, Northlight, Glen Way, Brierfield , BB9 5NH

14:00 - 16:00

Sub36 Awards 2026
Sub36 WW Logo720 16 Oct 2026

Sub36 Awards 2026

Park Hall Hotel & Spa, Chorley, PR7 5LP

18:30 - 00:30

LBV131 November/December Magazine Networking Event
LBV131 Magazine Launch Social720No Text 19 Nov 2026

LBV131 November/December Magazine Networking Event

Lancashire

08:30 - 10:30

Lancashire Business Day 2026
LBD26 WW Logo720 27 Nov 2026

Lancashire Business Day 2026

Burnley Football Club, BB10 4BX

12:00 - 17:00

Help to Grow: Management Course
Help To Grow 25 Sep 2026 - 15 Dec 2026

Help to Grow: Management Course

University of Lancashire, Preston, PR1 2HE

09:30 - 12:00

Breakfast Social and Coworking Day: October
Breakfast Social 01 Oct 2026

Breakfast Social and Coworking Day: October

Society1, 9-10 Cross Street, Preston, PR1 3LT

10:00 - 12:00

Chamber Breakfast Networking – October
Lancaster And Morecambe Logo 1 01 Oct 2026

Chamber Breakfast Networking – October

Unique Kidz Youth & Community Centre, Morecambe, LA4 4NW

08:00 - 10:00

SheChain Live - Where Lancashire business meets opportunity
SheChain Live (3).png.png 01 Oct 2026 - 01 Oct 2026

SheChain Live - Where Lancashire business meets opportunity

Blackpool Conference Centre, Winter Gardens (Leopold Grove entrance), Blackpool, FY1 1HL

09:30 - 16:15

Bay Hospitality Forum
Lancaster And Morecambe Logo 1 06 Oct 2026

Bay Hospitality Forum

Lancaster & Morecambe College, Employer Hub, Lancaster, LA1 2TZ

10:00 - 12:00

Preston Tech Connection: The Tech Resistance
PTC Square Oct 900 X 900.png.png 07 Oct 2026 - 07 Oct 2026

Preston Tech Connection: The Tech Resistance

Society1, 9-10 Cross Street, Preston, PR1 3LT

18:00 - 19:30

What did we get for the spend?
Door4 07 Oct 2026

What did we get for the spend?

Crow Wood Hotel & Spa, Burnley, BB12 0RT

09:00 - 12:00

Seriun Cyber Security Conference
Seriun 15 Oct 2026

Seriun Cyber Security Conference

Turf Moor, Burnley, BB10 4BX.

09:00 - 13:30

Advertise with us

Reaching 50,000 members, our print, digital and event platforms offer a fantastic way to raise your business profile and help you grow.

Find out more LBV129 Online Graphic
Subscribe now

Weekly news bulletin