Employees who access computer pornography while at work can be lawfully dismissed, provided their employer has made it clear that such behaviour is prohibited, according to employment law specialist Alan Lewis from leading Manchester law firm George Davies.
He points to a recent case heard before the Employment Appeals Tribunal (see link below), which reversed an earlier Employment Tribunal decision. At the first hearing it was decided that while the employee, a senior personnel officer, had been guilty of misconduct, he had not committed gross misconduct, so his sacking was unfair.
However, this decision was reversed on Appeal because the employer's handbook specifically stated that wasting time and resources accessing internet porn was viewed as misconduct.
My advice to employers is plain, says Alan Lewis. Make it quite clear to your staff, in writing, that you are not paying them to use the company's time and computers for their personal interests and indiscretions. Then, if they do so, you are in a position to dismiss them.
And employees? If you must delve into the darker side of the internet, do so in your own time on your own equipment - whether you've been warned about it at work or not. Porn surfing is not what you're being paid for.
London Borough of Hillingdon v Thomas
Accessing porn at work a 'sackable' offence
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