Question: We are a small business employing 20+ staff and have noticed an increase in personal internet use especially on social network sites such as Facebook. Can we introduce a policy that prevents people from using the internet for personal use and furthermore we want the same policy to cover e-mails and personal telephone calls. Can we discipline staff who continue to use these facilities for their own use providing we have the policy in place? Answer: It is essential to introduce a clear policy on the use of e-mails, telephone facilities and the internet. It is a common misconception that under the Human Rights Act et al, people have the right to the confidential use of the internet and e-mail facilities whilst at work, however, this is not true. The employer has a duty to monitor the use of company facilities such as e-mail and internet access to ensure that there is no bullying, harassment, or any other inappropriate use of these facilities. We hear many cases where inappropriate e-mails have been perceived as bullying and harassment where female workers, ethnic minorities and other social groups have been the subject of such activities. Consequently the employer must have a clear policy which is communicated to all staff, is enforced when necessary and updated either when an incident occurs or routinely. Using company internet for private purpose is always a temptation for employees. It seems social networking sites such as Facebook, Myspace etc are proving to be popular and pose a problem for employers as great thieves of time. Providing you have correct policies and procedures in place if employees use such sites whilst they should be working they will be in breach of contract and subject to appropriate disciplinary procedures. It is unlikely that many employers would treat a first misuse as gross misconduct unless the action was justifiable. However, the use of social networks during company time is clearly a form of absenteeism as your employees should be working so warnings would normally be appropriate whilst more serious action should be directed at repeat offenders or if particularly vile. There may be times when an employer will authorise private use of internet and phone facilities such as family emergencies, personal problems etc. Monitoring would not normally be appropriate unless evidence shows the facilities had been used inappropriately. This article is reproduced with the kind permission of Peninsula Business Services Limited www.peninsula-uk.com,uan Peninsula is the UK's leading Employment and Health and Safety consultancy and for more information about this article or the services they offer, contact Andrew Hennessey on 07976 083549 [email protected].