I'm not how that exactly relates to the provisions of the RIPA - surely that is a broader point of administrative law - that two individuals
subject to the same administrative disciplinary procedure for the same
action should be treated in the same way. In such circumstances, I could
see the disciplined employee making a good case for their having been
treated unfairly, but that would be down to the Council having a confused
communications (and disciplinary?) policy, not to any aspect of the RIPA.
--On 20 February 2002 16:15 +0000 "Broom, Doreen"
<[log in to unmask]> wrote:
> That may be the case but with some organisations such as a Council, some
> Sections/Departments allow personal use and some don't. Therefore, if
> someone is investigated - a disciplinary hearing is then set up - employee
> receives written warning as a result of disciplinary hearing. What
> happens when another Section/Department decides not to take any further
> action after investigation - to save any argument - it was the same type
> of mis-use of e-mail.
> Has the person who received a written warning a right to sue?
> D
Andrew Charlesworth
Senior Lecturer in IT Law
Director, Information Law and Technology Unit
University of Hull Law School
Cottingham Road, Hull, HU6 7RX
United Kingdom
Voice: +44 1482 466387 Fax: +44 1482 466388
E-Mail: [log in to unmask]
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