Small Firms Face Increase In Legal Challenges Over Internet Access

by Robin Pilgrim, LawAndTax-News.com, London

17 February 2003

UK corporate policy specialist, PolicyMatter has warned small businesses to be clear in their acceptable internet use policy for employees or face a flood of unfair dismissal claims in 2003.

In a recently released statement, the organisation warned that following a court case in which an employee of TXU Energi, fired for forwarding an e-mail which was deemed by management to be sexist and racist, successfully sued for £32,000 in damages from the company, arguing that their policy on acceptable internet and e-mail use had been unclear.

'With an increasing number of compliance breaches arising from employee behaviour, PolicyMatter's advice for organisations in 2003 is to emphasise staff awareness and drive attitude change by making sure individuals know and accept their responsibilities,' the company, which is a joint venture between UK law firm Morgan Cole and software vendor, Extend Technologies explained.

Speaking to the Startups.co.uk news service on Friday, employment law specialist Michael Leftley echoed PolicyMatter's warning, arguing that: 'People could be spending an inordinate amount of time online, or could be accessing inappropriate material while at work. But if you haven't got a policy in place you are stuck from a legal perspective.'

However, he warned that businesses must also be careful not to go to the other extreme and breach privacy laws in their attempt to monitor employees online activities:

'The legal position is that you have to be monitoring for a lawful business purpose and you have to let staff know in advance,' he explained.

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