Internet use for personal reasons at work
Employers should take note of a recent case involving Weightmans, a national law firm, who terminated an employee’s contract on the grounds of gross misconduct that included excessive personal internet usage.
The staff member, who had worked at the firm for over 20 years, was investigated after an incident involving her grandchildren, who were seen in the building unattended during the employee’s lunch break, one crawling towards an automatic door. Both children were considered to be at risk. The explanation given led by the member of staff led to her internet history being considered and was found to be excessively used for personal reasons. There were additional allegations of aggressive language used towards other staff.
The investigation into the three allegations of misconduct and subsequent dismissal without notice on the grounds of gross misconduct was in due course found by the Liverpool Employment Tribunal to have been carried out fairly and in text-book fashion.
Employers should consider the fact that excessive personal internet usage sat alongside other allegations and in and of itself may not have been grounds to fire the employee. However, where employees do have access to the internet, employers should ensure that any internet policy addresses personal use, whether access should be limited - perhaps to breaks only - and what types of sites would be deemed inappropriate.
Posted on 02/05/2020 by Ortolan
