Sarah Fletcher asked HR Zone members whether a lenient approach to employees’ use of company email and internet facilities is a sound business move.

As the global use of email and the internet grows, so does the potential for electronically sending and receiving arguably offensive content. Cases involving employees being dismissed for viewing pornography online or sending it via email have brought to public attention the issue of whether staff access to non-work related websites is appropriate (the DVLA fired 14 employees in June for gross misconduct after they sent so much “inappropriate material” using the company’s email that it affected the DVLA’s mainframe computer).

Although this is an extreme case, the personal use of company email and internet occurs widely on a smaller scale and raises potential issues of company security (sites infected with viruses can damage an organisation’s entire electronic system) and grievances (if other workers are offended by the content passed around). Should staff be allowed to use workplace internet and email for personal use at all?

Every organisation is affected by this issue. The CIPD says “employers are responsible for their employees’ activities when using the internet … In order to reduce liability, employers must be able to prove that they have a policy in place to prevent illegal actions and that appropriate steps are taken to enforce this policy.” Would an organisation be wise to ban employees from using the company’s internet and email for any non-work reason?

A business imperative?

Consultant Mike Morrison says employees should never use email or the internet at work for private reasons: “Should staff be using their work computer to access anything for personal gain? We are paid to work, not to have leisure time.” According to Morrison, this is a matter of business performance rather than a moral issue: “It is not so much a duty as a business imperative to ensure maximum productivity – this is what we are paid for.”

Janet Donovan, head of HR at the Retail Trust, agrees that the organisation’s commercial success relies upon supervising workers’ use of electronic resources: “If it is going to be an efficiently run organisation, it must monitor employee use.” Staff should be working rather than spending work time pursuing personal interests, and such inappropriate use of electronic resources threatens the business’s public image: “It is fair to expect employees to abide by company policies and not to waste company time and resources – or to risk damaging the company’s reputation by inappropriate use of the internet.”

HR manager Duncan Chandler says a certain degree of personal use of email and the internet is acceptable as long as it does not interfere with work commitments: “We generally accept that employees make the occasional personal phone call so the same has to be true of email and the internet. It all comes back to the difference between a little bit out of working time and getting in the way of someone doing the job they are paid to do. All being well then the only disgruntled ones are those who abused the situation previously and you can’t please all the people all the time.”

A nursery or an office?

However, management consultant John Pope warns that this policy could damage both productivity and the organisation’s relationship with its employees: “Strict controls over email or the internet would almost certainly give the impression that staff were being treated like children. Not only might it slow down the business activities, it would encourage the rebellious spirits to behave like children.”

Mike Morrison opposes this view and argues that a negative reaction from staff towards a more restrictive email and internet policy is a positive thing as it shows the company was too slack on disciplining employees previously: “Of course there will be [a backlash from disgruntled employees] as many staff have had a free reign to do what they want in work time. Is this fair? [Yes, it is fair to stop] unnecessary access.”

A matter of trust?

HR manager Lynn Hebb suggests that a tough email and internet usage policy implies a company does not trust its staff: “We have a very professional staff, and a very open and trusting company culture. We therefore operate a lenient policy on the personal use of the internet and email facilities (as we trust our staff to use the internet responsibly and to get their work done as well), but through our policy we are very strict about spelling out that the internet and email should not be used for viewing or disseminating offensive material and we would discipline staff if it was used in this way.”

HR manager Jo Guy argues that allowing some personal use of internet and email facilities shows employees that the organisation trusts them and because of this staff are less likely to view or send inappropriate or offensive material: “We think that our desktop policy is very comprehensive and leaves the employees in no doubt about action which could be taken against them if they were found to be abusing the system. By being aware of this, and also by being flexible in allowing them to use it for personal use, we are fairly confident that there is no widespread abuse and that employees appreciate the fact that the company is aware that personal use is inevitable and does not try to control it with rules which would be unenforcable.”

An impossible policy?

Mike Morrison agrees with Jo Guy that rules governing employee use of internet and email facilities would be “unenforcable”. He asks: “Is it going too far to prevent staff from looking at, for example, photos of women in bikinis, for fear of offending other employees? Where should you draw the line? This is almost impossible to police; and is the time and money [spent] enforcing a grey line worth it?”

This “grey line” is a major concern for HR Zone members. Which pictures or comments sent by email or viewed online should be deemed inappropriate and how many people must find it offensive for it to become a disciplinary issue? John Pope says a policy governing email and internet usage should “make it clear that behaviour which is offensive or could be seen as racial or sexual abuse, harassment or bullying is wrong and that it is not how the organisation wishes its staff to behave … While [the company] may allow staff to use the internet, telephone and email for personal business, this concession is not to be abused or be to the detriment of their own or other people’s work; and must never be directed against, be to the detriment of, or offend other staff.”

Should staff police themselves?

According to HR Zone members, asking employees to decide what email and internet use during work time is acceptable could be the key to making sure they stick to the rules. Consultant Don Rhodes says discussing the company’s email and internet usage policy with staff should avoid a negative reaction towards it: “Most often, a backlash occurs when policy has not been well researched, and especially where the people at the ‘coal face’ have not been part of the research. In my experience, people will accept policy so long as their point of view has been considered; and then, if not as they wished at least the reasons for an alternative action is explained … personally and not by email!”

As it is vital that staff cooperate with the employer in making sure the policy guidelines are followed, John Pope argues the importance of effectively marketing your email and internet usage policy to employees. The company must “sell the idea” to staff and communicate the issues in terms that can be easily understood: “Be human, think, discuss it with staff, explain why some guidance notes are necessary for their and the organisation’s protection, give examples of where the tribunal has awarded enormous sums in damages or compensation, sell the idea.

“Check with HR that you have covered the important points, but don’t let them write a manual. Write the policy statement in human language, not HR-speak, and certainly not in lawyer-speak.” The issue that employees may not be able to understand the company’s rules is obviously a general concern as HR officer Jeremy Pride also advises policy makers to “keep it clear and concise”.

A final tip…

And finally, Steve Watson offers a quick and easy way to write an email and internet usage policy: “Copy someone else’s that looks reasonable; especially those big caring corporates that don’t want litigation!”