1. FKJ v RVT and others (11 January 2023)(LINK)
In this case, the English High Court has refused to strike out a misuse of private information (“MPI”) claim issued by an employee against their former employer, after the employer produced 18,000 of the employee’s WhatsApp messages (of which only 20 messages were deemed relevant and therefore disclosable as evidence in Employment Tribunal (“ET”) proceedings).
The Claimant employee was dismissed for misconduct after falsifying timesheets and brought claims before the ET for (principally) sex discrimination, unfair dismissal and wrongful dismissal. The Claimant was unsuccessful in her claims as the Defendant employer could show, using the Claimant’s own WhatsApp messages, a “direct conflict” of evidence undermining her credibility.
Whilst unsuccessful in her ET claim, the Claimant then initiated a MPI claim in relation to the Defendant’s possession of her 18,000 WhatsApp private messages, which covered her time both as an employee and after her dismissal. The Claimant claimed that the Defendant had hacked into her WhatsApp to obtain the messages. The Defendant disputed this, saying that some had been found downloaded onto the Claimant’s company laptop and the remainder had been provided by an “anonymous source”. The Defendant argued that the MPI claim should be struck out as having no reasonable prospect of success.
The High Court refused to do so, indicating that the MPI claim is likely to be successful if it proceeds to a...
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