across the bar

Laying the groundwork for disciplinary action

by default - Posted 10 May 2005

In another of many such cases, three employees at a Scotland Rolls Royce plant were recently dismissed for downloading porn from the internet. It is clear that all three were aware of the rule against viewing and/or downloading porn and that they knew that a monitoring system was in place.

A company spokesman commented that it was their belief that the action taken was fair but firm. Because the material downloaded was not illegal but rather inappropriate for the workplace, the matter was dealt with internally and not reported to the police.

Most local companies would react in the same way, but it is vital to remember that disciplinary action can only be taken where a company has laid down clear rules for use of the internet and has taken reasonable steps to ensure that their employees are aware of these rules and the possible sanctions for breaching them. Companies should also strive to be consistent in the way which they deal with those who break the rules.

A failure to formulate and publicise rules will most likely result in an employee being able to succesfully contest a dismissal or other discplinary action in the labour courts.

Probably the simplest way to lay the groundwork for future disciplinary action is through the proper implementation of an Electronic Communications Policy which sets out the rules for acceptable use of electronic communications and makes it clear that disciplinary action, including the possibility of dismissal, will be taken against employees who flaunt them.

An Electronic Communications Policy, or ECP, will also assist to protect companies against a variety of potential liabilities which may flow from employee use of e-mail and the internet. It might even contain a ban against employees agreeing to release their passwords to strangers in exchange for chocolate!!

If your company does not have an ECP we strongly suggest that you consider implementing one. It does not have to cost and arm and a leg and could well save you a lot of money and hassle in the future.

Contact us with your details if you would like a quotation.