Free policy for businesses to make sense of confusing rules on
staff internet and e-mail use
Press release: 07/06/2001
Last week, the senior employee of a recruitment agency lost his
case for unfair dismissal after being sacked for sending an e-mail
in which he described a female colleague as “a great shag.”
The case is a typical example of an employee misusing company
e-mail. Many staff are unsure about whether they are being
monitored by their bosses and also whether they can chat with
friends by e-mail and surf the web. Businesses are also confused by
current rules for monitoring their staff’s use of internet and
e-mail services.
OUT-LAW.COM, the new media and e-commerce service of
international law firm Masons, has today announced that it is
giving away a free Communications Policy. Businesses can download
the policy from the OUT-LAW.COM web site as a Word document and
they can amend it to suit their needs.
John Salmon, a partner with Masons and co-founder of
OUT-LAW.COM, said:
“We speak to many businesses that are confused by current,
seemingly contradictory rules on monitoring staff and the rights of
staff to privacy. Some businesses monitor their staff and don’t
tell them – which puts the employers at risk of lawsuits. Others
don’t give their staff any guidance about what they can and cannot
do on-line.
“All lawyers would recommend that businesses giving staff use of
the internet or e-mail should put in place a policy of use. The key
is finding a balance in the policy between the interests of
employer and employee.
“Policies need to be in plain English and they need to be
comprehensive. Staff should be told, for example, not to download
offensive images, not to download software without permission and
not to send racist or sexist jokes by e-mail. Without guidance,
many do not realise this.”
OUT-LAW.COM also warns businesses of the 5 most common mistakes
made in dealing with internet and e-mail policies:
- Giving staff internet and e-mail access without telling them
how to use it.
- Failing to keep a policy up to date with the law.
- Monitoring staff without telling them.
- Preparing a policy but failing to make it effective.
- Turning a blind eye to general abuse of the policy then
punishing one act of abuse.
For further information, please contact:
John Salmon
Partner
john.salmon@out-law.com
0141 249 5411
Struan Robertson
Site Editor and Solicitor
struan.robertson@out-law.com
0141 249 5422
Notes to editors:
- OUT-LAW.COM, launched in May 2000, is the e-commerce and new
media service of Masons (see www.masons.com), an international
legal practice with a long-standing interest in new media, IT and
the internet.
- With over 6,000 registered users, the OUT-LAW.COM site provides
guides, articles and news stories relating to everything from the
drawing up of on-line contracts and agreements to issues of
taxation and defamation, along with free sample contracts,
checklists and other documents. Its clients include internet and
e-commerce companies, IT consultants, games companies, new media
suppliers and developers.
- Lawful Business Practice Regulations were introduced in the UK
on 24 October 2000 under the Regulation of Investigatory Powers Act
2000. These Regulations make it possible for employers to monitor
their employees in certain circumstances.
- The Information Commissioner (formerly the Data Protection
Commisisoner) last year issued a draft Code of Practice on the use
of personal information in employer/employee relationships.
- The Human Rights Act 1998 gives individuals a general right to
privacy.
-ends-
