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The key to effectively managing access to the internet and the use of emails is having a clear policy in place that sets out why employees have access and what they have access to.   Crucially the policy should state whether or not any personal use is permitted and to what extent.    The consequences for breaching use, i.e. disciplinary action, should be clearly defined.  It’s important in particular to identify what will constitute gross misconduct, for example, accessing or distributing pornographic material.

The internet is a powerful business tool when it’s used for proper business purposes.  Even social networking sites have proven useful for employers carrying out background research during the recruitment process, or by insurance companies investigating claimants.  The challenge for businesses though is ensuring that the internet is not abused or misused to the detriment of the business.  

There have been many examples of emails being forwarded onto colleagues and then to millions of recipients globally.  Comments on Facebook have also become another means to publish views or comments. 

 

In most of the instances we have read about in the press the emails usually contained personal information relating to the individual. 

 

However, there have been examples where rumours about the business and its solvency have led to businesses being severely affected. It’s important therefore for businesses to ensure proper controls are in place.  

 

If the intention is that an employer will be able to access emails at any stage, regardless of whether or not the email is a personal one, it’s important the employees understand that at all times the emails remain the property of the business.  By remaining the employer’s property, the employer can then legitimately access the emails. 

Monitoring of systems in general, such as the volume of emails, internet use and telephone calls must be balanced against the employee’s data protection rights.  Employers should always bear in mind that monitoring can only be carried out to the extent permitted by law. 

 

The key principle to be aware of is that general monitoring must be adequate, relevant and not excessive in relation to its purpose.  Looking at the emails of employees on a daily basis, for no particular reason, is likely to be regarded as excessive.  Reviewing and monitoring all the emails of a particular employee as part of an investigation for disciplinary action is more likely to be acceptable.

Taking Action

Provided the employer has a clearly defined policy in place, and has carried out monitoring in an acceptable way, it should be relatively straightforward to take action against an employee for misuse.

A breach of the employer’s policy will usually result in the employee being subject to the employer’s disciplinary procedure.  Depending on the severity of the employee’s misuse, it may be acceptable to terminate their employment  for gross misconduct.  Employers should be aware though that the misuse has to be particularly significant, with severe consequences to the business, to justify dismissing an employee for gross misconduct.

Preventing a Problem

Disciplining or dismissing an employee is rarely an easy process and there is always the risk of Employment Tribunal claims. The best approach is to avoid that risk arising in the first instance.

If an employer has a clearly defined and communicated policy then their employees should be fully aware of their responsibilities and the potential consequences for failing to comply.

 

Rather than have a very strict policy, not allowing any personal use at all, it may be preferable to allow employees limited personal use of emails and the internet. For example, permitting internet access to lawful websites outside their working hours or during lunch breaks.  This can help employees avoid the temptation of ‘sneaking’ in some personal use and potentially being subject to disciplinary action in a relatively minor situation.

 

At the end of the day a careful balancing act is vital; employers must communicate clearly with their employees what is acceptable behaviour and act reasonably in taking any action.