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It's Cyber Monday! Are your staff using company equipment for personal use?

November 26, 2018

It isn’t uncommon to see headlines and news stories about employees who have been fired because of online comments and posts. There has also been a significant increase in the number of employment tribunal claims since the associated fees for employees were abolished. 

To strike the right balance of protecting employees’ rights to privacy and meeting the business requirements of an employer is key to a great work environment and a successful business.

In the run up to Christmas will you be allowing your staff to shop online, send and receive personal emails or have personal parcels delivered to work?

The case of Barbulescu who was dismissed for sending personal messages at work

Barbulescu, a Romanian national was dismissed by his employer for sending personal messages to his fiancée and brother during working hours, using a Yahoo Messenger account set up for work use. He claimed his employer had infringed Article 8 of the European Convention on Human Rights by snooping on his personal emails and messages and used these as a reason to dismiss him.

Initially the court ruled in favour of the employer, that it was reasonable for the company to check whether employees were completing tasks during working hours. However, in September 2017 the court overturned this decision after finding that the national authorities had not adequately protected Barbulescu’s rights to respect for his private life and correspondence. Part of the findings were that it could not be concluded that Barbulescu had been informed in advance of the extent and nature of the employer’s monitoring  or the possibility that the employe might have access to the actual contents of his messages.

Monitoring employee emails and other personal messages at work can be a mine field for an employer. Whilst employers want to protect their business they also need to respect the rights and privacy of employees.

Although in the case of Barbulescu the original decision in favour of the employer was overturned, it does not mean employers cannot monitor employees’ emails. Employers must ensure that they are able to justify any intrusion into an employee’s personal life.

Consider what is reasonable use of company equipment for personal use in your business

What is the work environment and is it safe for workers to check or send personal messages, or make calls? Do they have access to a personal smart phone whilst at work? What if personal circumstances are bigger than usual, for example, they are moving house or getting married, is it reasonable or realistic to ban all personal business during working hours?

People who carry out personal tasks at work are not necessarily being unproductive or inefficient. Measure output in terms of results. If you ban social media on work computers will they not simply use smart phones? If you block large parts of the internet, such as shopping and social media, you could be sending the message that you are out of touch and aren’t a progressive organisation.

Whether it is the internet or chatting around the water cooler, people will always find ways to distract themselves when they are at work. Sometimes these kinds of distractions can be good to help people recharge and refocus on working tasks. If you find that an employee is always on the internet or distracted from work tasks, it might be that you need to review their role and look at the reasons for why they aren’t focusing on the job. Do they require more training or are they not challenged enough?

Employers who offer staff flexibility are also showing them trust, this in turn will gain loyalty and trust from workers. Of course, there will always be someone who abuses trust and the use of company equipment for personal use, however, they are very much in the minority. If you have clear and well communicated policies, so that employees are then clear on what is and isn’t acceptable behaviour, it will be easier to manage how and when people are spending time on personal matters during working hours.

Policies and data protection for company and personal equipment

When was the last time you reviewed your policies for the use of company equipment or using personal devices for work?

From using email, the internet, phones, whether company or personal property, it is prudent to have a policy in place giving guidance on all equipment that employees have access to during their working hours. This should include guidance on downloading and distributing information from the internet including when and what internet use is permitted during working hours.

Any policy on proper and effective use of the internet, social media and communications, should also include when employees’ use their own devices for working purposes, especially since the introduction of GDPR

Employees must be aware of their data protection responsibilities on devices and organisations must consider the risks. The ICO has published guidance on 'bring your own device' (BYOD) and the risks organisations must consider, particularly when personal devices are used to process personal data. 

If your staff take company laptops, mobile phones or other equipment home or out of the office have you the policies in place to make sure this equipment and the data it holds stay safe?

If you would like help with ensuring your policies are fit for purpose and protecting your business then please contact us for our expert advice.