HR \ Legal Question
Discussion
You might need to expand on internet usage.
1) Did they sign an internet policy before being given access?
2) Did they sign anything on receipt of a PC to state they would only use it for appropriate work purposes?
3) Do you have an e-mail policy?
4) Do HR have an Internet Policy?
These are the questions I had to ask when trying to do similar
T-J-K
1) Did they sign an internet policy before being given access?
2) Did they sign anything on receipt of a PC to state they would only use it for appropriate work purposes?
3) Do you have an e-mail policy?
4) Do HR have an Internet Policy?
These are the questions I had to ask when trying to do similar
T-J-K
You physically could.
I am not sure *exactly* about the legal ramifications, however the practical issue is that the employee would be unlikely to cause a fuss especially if the internet history could be potentially embarassing.
Of course any kind of reason may have presented itself, such as security etc which might have meant 'by chance' you were made aware of the internet use. This is a better way forward that basically making out the Big Brother is watching.
That said though if an employee thinks they can either use a work PC in time they are being paid for to either look at inappropriate content, or indeed spend all day on the net then they should be working without being found out, then they deserve all they get!
I am not sure *exactly* about the legal ramifications, however the practical issue is that the employee would be unlikely to cause a fuss especially if the internet history could be potentially embarassing.
Of course any kind of reason may have presented itself, such as security etc which might have meant 'by chance' you were made aware of the internet use. This is a better way forward that basically making out the Big Brother is watching.
That said though if an employee thinks they can either use a work PC in time they are being paid for to either look at inappropriate content, or indeed spend all day on the net then they should be working without being found out, then they deserve all they get!
It will also depend what your issue is with the internet usage, and what the user might reasonably believe they were entitle to do.
For example, viewing inapproproate sights, down or up loading material. There can be issues where excessive usage (e.g. streaming data) can consume bandwidth and degrade the performance os a system.
Is there a business risk (including customer perception)? Also, most people have contracted hours, perhaps 'core time' - did the usage interfere with these, if the person did not fulfil their contracted hours they may well be guilty of time theft.
However, in all matters it is far better to have published policies, signed declarations they have read (and more importantly) understood them.
For example, viewing inapproproate sights, down or up loading material. There can be issues where excessive usage (e.g. streaming data) can consume bandwidth and degrade the performance os a system.
Is there a business risk (including customer perception)? Also, most people have contracted hours, perhaps 'core time' - did the usage interfere with these, if the person did not fulfil their contracted hours they may well be guilty of time theft.
However, in all matters it is far better to have published policies, signed declarations they have read (and more importantly) understood them.
mouseymousey said:
Hi everyone
I intened to see a solicitor about this on Monday but can I use an internet usage report against someone in disciplinary procedures if they aren't aware that they are being monitored?
Thanks in advance for any answers...
Bear in mind you may be breaching their privacy, by monitoring their usage without knowledge or consent. There are exceptions, but the best bet is, IMHO, to get a policy into the workplace and get it acknowleged by all staff. Oh, and add it into the Staff Handbook for future employees.I intened to see a solicitor about this on Monday but can I use an internet usage report against someone in disciplinary procedures if they aren't aware that they are being monitored?
Thanks in advance for any answers...
In our contracts it clearly states that all internet/email usage is monitored. This has been checked by a (very expensive) HR/Legal guy to make sure it’s all above board.
I had one employee who I’d just had in my office for a chat about none business related internet use. He was told politely to get back to his desk and do some work rather than waste company time on facebook, etc. Instead of doing any work the fool was immediately on the internet looking up legal sites to see if we were actually allowed to be monitoring his internet. So five minutes later he was back in my office again…
I had one employee who I’d just had in my office for a chat about none business related internet use. He was told politely to get back to his desk and do some work rather than waste company time on facebook, etc. Instead of doing any work the fool was immediately on the internet looking up legal sites to see if we were actually allowed to be monitoring his internet. So five minutes later he was back in my office again…
TSS said:
In our contracts it clearly states that all internet/email usage is monitored. This has been checked by a (very expensive) HR/Legal guy to make sure it’s all above board.
I had one employee who I’d just had in my office for a chat about none business related internet use. He was told politely to get back to his desk and do some work rather than waste company time on facebook, etc. Instead of doing any work the fool was immediately on the internet looking up legal sites to see if we were actually allowed to be monitoring his internet. So five minutes later he was back in my office again…
This is all the publicity about 'being allowed to use Facebook at work' and some people (probably Facebook themselves!) saying that for some reason employees are more productive if they use Facebook at work...I had one employee who I’d just had in my office for a chat about none business related internet use. He was told politely to get back to his desk and do some work rather than waste company time on facebook, etc. Instead of doing any work the fool was immediately on the internet looking up legal sites to see if we were actually allowed to be monitoring his internet. So five minutes later he was back in my office again…
IMHO twaddle, spin and a clever press release prior to the sale of shares.
I have had the same conversation which I did to explain the background. "You are using our PC to do our work whilst being paid by our money... if you are doing anything else then expect me to find out about it!"
mouseymousey said:
Hi everyone
I intened to see a solicitor about this on Monday but can I use an internet usage report against someone in disciplinary procedures if they aren't aware that they are being monitored?
Thanks in advance for any answers...
If the person has been with you for less than 11 months then you can do (almost) what you like. Assuming he/she isn't, then tread very carefully. For example, what if he/she says "so and so goes on such and such a site (say PH)all the time, what are you going to do to them?"I intened to see a solicitor about this on Monday but can I use an internet usage report against someone in disciplinary procedures if they aren't aware that they are being monitored?
Thanks in advance for any answers...
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