MySpace or yours?

With office communication systems it is a good idea to introduce a clear policy for using e-mail, the telephone and the internet within working hours.

Employers have not kept up with the need to apply necessary procedures and policies to enforce appropriate use of electronic media within companies, and there are misconceptions that, under legislation such as the Human Rights Act, employees have the right to confidential use of the internet and e-mail facilities while at work.

We hear many cases where inappropriate e-mails have been perceived by their recipients as harassment or an act of bullying. The employer must monitor use of all facilities to check no such behaviour is occurring and must also ensure the company has a policy known to all staff that is enforced as appropriate and updated as the need arises.

Using company internet facilities for private purposes is tempting for employees, especially during lunch when there is no guarantee that they will quit surfing personal sites and return to work when they are expected to.

Social networking sites such as Facebook and MySpace are great thieves of employers' time. A good IT department will be able to monitor use of all electronic equipment routinely and identify websites that should not be accessed during company time. The department should also block unsuitable sites.

It is unlikely that many employers would treat a first misuse as gross misconduct unless that conduct warranted such a response. However, using social networks during company time may be considered as absenteeism because your employees should be working. Warnings would normally be appropriate, while more serious action should be directed at repeat offenders or those whose misdemeanour is particularly vile.

Putting the correct policies and procedures in place will mean that if employees use such sites while they should be working they will breach contract and be subject to appropriate disciplinary procedures.

Where telephone conversations are recorded it is again right that the employer listens to some of these to ensure appropriate activity. However, employers may authorise private use of the internet and phone facilities in instances such as family emergencies. These conversations are classed as private and as such cannot be monitored by the employer unless there is evidence of inappropriate use.