Employee Internet use can be both beneficial and detrimental

His immediate boss complained to HR about the dismissal as HR were unaware that he was a leading analyst for the adult entertainment industry and that access to websites with adult content was essential for his work.

The most important way that businesses can manage risk in this area is by developing an IT and communication policy.

Such a policy will clearly define appropriate and inappropriate use of the technology.

Each business will need to define the limits of its own policies.

A key benefit of having a policy is to use it to educate users about the risks for the organisation of inappropriate use and to provide guidance as to how the technology should properly be used.

The policy should clearly outline what is and what is not permissible.

It should also seek, best it can to inform readers as to the consequences that might arise from what appears to be a harmless use of IT.

For example, it may attention to the fact that emails that are thought to be private can be quickly circulated to many people both within and outside the organisation and so should not contain anything that would be embarrassing.

Importantly, policies will provide that, in the event of a breach of the policy, there could be serious disciplinary consequences which might include dismissal.

Having a policy is one thing but it is also desirable to be able to monitor performance of the policy.

This may mean reviewing employees’ emails and web browsing histories.

However, this can be problematic because, under data protection laws, businesses cannot monitor their employees email and internet use in a way which is invasive of their privacy.

If disciplinary action is taken against an employee based on evidence obtained through unfair monitoring then, far from this enabling the employer to dismiss the employee, it could lead to an unfair dismissal claim being made by the employee against the employer.

So how can employers monitor abuse of their systems and gather evidence that may be needed for disciplinary proceedings?

The starting point is that employees have a legitimate expectation that they can keep their personal lives private and that they are entitled to a degree of privacy in the work environment.