Whilst everyone accepts that the introduction and use of the Internet, and/or email facilities, has improved the efficiency and productivity of businesses, one cannot ignore the fact that they have also caused a number of problems for employers. One in four companies have dismissed an employee for Internet misconduct and 69% of those dismissals were associated with pornography.

It is also estimated that, on average, a typical large company will lose £2.5m a year to non-business related surfing and that almost 50% of emails are not work related.

Unfortunately, there is very little guidance for employers confirming when they are entitled to discipline employees for misuse of Internet and/or email facilities. The following highlights some areas for consideration.

Policies

Clear policies, for the use of Internet and/or email at work, must be agreed and accessible, but, in addition, those policies must be effectively communicated to all employees. It is not sufficient merely to have a policy in existence.

The housing associations’ policies must clearly state what sanctions will be and/or can be imposed for breach of policy and should preferably detail what behaviour will constitute gross misconduct. In the case of Humphries -v- V H Barnett, July 1998, the London (South) Employment Tribunal stated that where there are no terms detailing the categories of conduct constituting gross misconduct, mere use of the Internet for unauthorised purposes will not, in most cases, justify a summary dismissal.

In brief be clear. State what is allowed and what is not allowed. Be consistent.

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