This recent case in the Employment Tribunal demonstrates that employers should be extremely careful when dealing with cases of misuse of computers at work. A failure to deal properly with such cases could lead to a (potentially successful) claim for unfair dismissal by the employee concerned. We’ll therefore look at the following in this post to analyse how employers can avoid treating their employees unfairly when it comes to issues of misuse of workplace computers:
- What constitutes misuse of a computer at work?
- How can an employer best prepare for issues of misuse of computers at work?
- How should an employer deal with an issue of misuse of computers at work?
What constitutes misuse of a computer at work?
Generally, misuse of computers at work normally involves an employee using the computers for personal uses during work hours. This could involve the employee misusing the internet to look for inappropriate material, using the computer for other business purposes (for example, creating a plan for a business they’re considering starting) or sending inappropriate emails to other members of staff or third parties. Ideally (and as we’ll come to below), there should be a non-exhaustive list of incidents that would constitute misconduct through use of a work computer.
How can an employer best prepare for issues of misuse of computers at work?
The employer should put in place the necessary policies relevant to such a circumstance and ensure that the allegation of misuse is dealt with fairly. This would include the employer:
- Ensuring that new and existing staff are shown or made aware of the existence of an accessible social media policy (ideally available on a website or the company’s intranet)
- Similarly, ensuring that new and existing staff are shown or made aware of the existence of an accessible disciplinary procedure
How should an employer deal with an issue of misuse of computers at work?
- Gathering all evidence relevant to the allegation as reasonably possible
- Ensuring that the employee is informed of the possibility of disciplinary proceedings. Consider suspending the employee, if necessary
- Conducting a fair and reasonable investigatory hearing
- Conducting a fair and reasonable disciplinary hearing
- Making a reasonable decision based on the evidence gathered (including evidence from the employee), the findings of the investigation hearing and the findings of the disciplinary hearing
The outcome of the above case demonstrates that employers must have in place a social media policy for their employees, an adequate disciplinary policy, and that the employer must carry out reasonable investigations if allegations of internet misuse arise. Further, the employer must make a decision to dismiss the employee that is within the range of reasonable responses in the circumstances. If the employer fails to do so then they may be opening themselves up to an unfair dismissal case in the Employment Tribunal.
Redmans Solicitors are London employment lawyers
Redmans
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