According to ZDNet News, an e-mail to the car maker’s 20,000 UK
workers says, “The company reserves the right to conduct random
audits of its computer resources.” It warns against “transmitting
or possessing ‘jokes’ of an offensive nature, for example, content
of which is sexually explicit, racially offensive or otherwise
demeans people on the basis of their religion, disability, sexual
orientation”.
OUT-LAW.COM’s David Hoey, an employment law specialist,
said:
“This case is the latest example of
employers seeking to introduce adequate control over staff in
connection with non-work related e-mail and internet content.
Employers may be found liable for discrimination caused by staff
acting in the course of their employment, particularly where the
employer has failed to take reasonable steps to prevent such
discrimination.
“As there is no limit on the amount of
compensation which can be awarded in such cases, employers must
ensure that adequate control mechanisms exist within their
organisation. Employers should introduce and maintain a suitable
Communications Policy. Employers should, however, bear in mind the
obligations imposed upon them in terms of data protection,
interception of communications and human rights legislation.
“Employers must also act fairly when
considering disciplinary matters, particularly where dismissal may
be an option, and ensure that the correct procedures are followed
to minimise unfair dismissal claims.”
