Forwarding work emails to a private account? No grounds for instant dismissal

Forwarding work emails to a private account? No grounds for instant dismissal

An employee of an IT company was summarily dismissed in January 2025 after his employer discovered that, during sick leave, he had forwarded 63 work-related emails to his private email address. The employer viewed this as a serious breach of the confidentiality clause and suspected that the employee was setting up a competing business. The employee was dismissed on the spot. However, the District Court of North Holland (NL) (ECLI:NL:RBNHO:2025:9796) ruled that the dismissal was invalid. The employee was awarded €48,600 in fair compensation, plus a statutory transition payment and salary for the notice period.

Facts

The employee had been with the company since 2016, most recently as an operations manager, earning €7,500 gross per month. In October 2024, he became unfit for work following an accident but, with his employer’s knowledge, remained somewhat involved in his work.

During his sick leave, the employer hired a corporate investigation agency (Hoffmann) after noticing that some emails had been deleted from his work account. The investigation revealed that the employee had forwarded 63 work-related emails (some with attachments) to his private email address. Additionally, search history showed queries about “non-compete clause,” “starting a BV [private limited company],” and “logo design.” Around the same time, a company had been registered with the Dutch Chamber of Commerce under his partner’s name.

The employer concluded that the employee had forwarded confidential information and possibly started a competing business. On January 31, 2025, the employer terminated him with immediate effect. The company also claimed hefty contractual penalties: over €1.5 million for breaching the confidentiality clause and €84,000 for violating the non-compete and side-activity clauses.

The employee contested the dismissal and sought compensation equal to two years’ salary, payment for irregular termination, and the statutory transition payment.

Court’s Assessment

According to the court, simply forwarding work emails to a private email account did not constitute an urgent reason for instant dismissal. The employee explained that he was cleaning up his inbox and wanted to keep certain messages to review later. He also had his work laptop at home and, with the employer’s permission, used it for private purposes. Furthermore, the employer had no policy or clear instructions regarding the handling of company information or email correspondence. Therefore, forwarding the emails could not be considered a breach of any explicit rule or duty.

The court emphasized that sending an email containing company information to a private address does not automatically amount to a breach of confidentiality. There was no evidence that the employee had actually shared company secrets with third parties. The employee’s private email address could not, by itself, be seen as “sharing with third parties” within the meaning of the confidentiality clause. The judge also noted that the employee could just as easily have printed the emails to read at home; thus, forwarding them was not inherently blameworthy. Finally, there was no proof that the employee had performed side work during his sick leave. His partner’s use of the laptop to search for information was insufficient to establish that claim.

The court ruled that the dismissal was unjustified and granted the employee €48,600 in fair compensation, plus the transition payment and salary for the notice period. The judge concluded that the employer had acted on unfounded assumptions.

Conclusion

Forwarding work emails to a private account may be unwise or undesirable, but it does not automatically constitute a breach of confidentiality. The situation might differ if there is clear misuse, disclosure of confidential information to third parties, or a differently worded confidentiality clause. Employers are well advised to clearly define and communicate their ICT and privacy policies and to instruct employees on what is and isn’t permitted when handling company information.