| Recent surveys have found that a third of office staff | | | | an employee, are likely to render the employer legally |
| spend the equivalent of 7 to 14 days a year on | | | | liable for any damaging effect. |
| personal web surfing, e-mails or texts during working | | | | In order to avoid this, we recommend that employers |
| hours. Andrew Crisp an employment specialist at | | | | should have a well-publicised computer-use policy, |
| Mason Bullock Solicitors Northampton, looks at some | | | | including a compulsory e-mail disclaimer distancing the |
| of the legal problems involved in providing computer | | | | company from any personal comments made in the |
| facilities to employees, as well as considering the policy | | | | e-mail. |
| measures that businesses can take to guard against | | | | Inadvertent formation of contracts |
| the risks of computer misuse. | | | | Despite the fact that e-mails are generally seen as an |
| Harassment | | | | informal means of communication, they are capable of |
| We have all received emails containing jokes, | | | | forming a contract in the same way as a letter. An |
| humorous images and even film clips. These are all | | | | email sent from an employer's computer can be the |
| capable of causing offence. If they do so, they may | | | | equivalent of sending a letter on the company's |
| constitute 'harassment' for which the employer may be | | | | headed notepaper. |
| liable. | | | | There is therefore a danger of employees |
| Harassment does not need to be targeted at anyone | | | | inadvertently forming contracts on behalf of their |
| in particular or to be deliberate. Recently, a court | | | | employer, without realising it. |
| awarded compensation to women who worked in an | | | | A requirement that all e-mails bear a 'signature' or |
| office where men downloaded pornographic images. | | | | disclaimer limiting the extent to which they are to be |
| This amounted to harassment and the employer had | | | | taken as being sent on the employer's behalf will assist |
| to pay. | | | | in negating the employer's liability in this respect. |
| Defamation | | | | Policy |
| Defamation is the publication of a false statement | | | | It is crucial for employers to have a detailed |
| which lowers the subject of the statement in the | | | | computer-use policy in place and to make sure it is |
| estimation of right-thinking members of society. The | | | | well communicated to employees. This should refer to |
| law applies to electronic communications in the same | | | | the issues outlined above, as well as any other issues |
| way as it applies to more traditional forms of publishing. | | | | that are relevant to your business. |
| Several forms of electronic communication can give | | | | A suitable computer use policy will help to protect you |
| rise to the employer being liable for defamatory | | | | if any problems arise from employees' misuse of your |
| statements made by employees. For example, e-mails | | | | computers. You may wish to obtain professional |
| emanating from the employer's servers or messages | | | | advice from an employment law solicitor on drafting a |
| posted on an employer's website, although created by | | | | policy. |