The complaint to the office of the Information Commissioner was made after one Amicus member was suspended and others threatened with disciplinary action.
"We take this matter very seriously indeed," said Amicus Regional Officer Barry Jones. "The NAHT has no policy on e-mail and internet use, and employees have been encouraged to use the e-mail facility freely. It is clearly totally unacceptable for any employer, without warning and in secret, to monitor or intercept e-mail traffic, still less to threaten staff with disciplinary action as a result."
"We have reason to believe that some staff and senior officers of the NAHT may have been involved in these activities and we have therefore called for an independent investigation," he added. "Compelling evidence has been presented to the General Secretary of NAHT, but we have been met with intransigence and are left with no alternative but to seek the assistance of the Information Commissioner."
The Regulation of Investigatory Powers Act and the Lawful Business Practice Regulations address the interception of e-mails and telephone calls in the UK. The Data Protection Act also places restrictions on the way that monitoring may be carried out.
In 2003, Information Commissioner Richard Thomas published a code of practice setting out guidance for employers on monitoring employees' internet and e-mail use. The golden rule, he said at the time, is that, "where monitoring does take place, employees should be made aware of its nature and extent and the reasons for carrying it out. Only in exceptional circumstances will it be appropriate for employers to monitor their employees without their knowledge."
