Computer misuse - Contract of Employment

There have been a number of well publicised cases of breach of IT security or misuse or emails/ the internet. The employment contracts may include a clause covering computer security, see below for an example. Our view is that it is better to keep the written contract short and to cover the detail in a staff handbook, which can be more easily revised. The contract itself can then include reference to the staff handbook/ company policies as a the guide to the behaviour expected.

It is difficult to advise organisations on the approach they should take to email or internet abuse. Some companies take a very strict approach, others are more relaxed. There can be legal implications for both employee and employer if facilities are abused. Accessing paedophile websites is a criminal offence heavily dealt with by the authorities as is hacking into other websites or distributing viruses. There are very few examples of this behaviour effecting organisations. Much more likely is employees accessing pornographic websites or sending sexually solicitous emails.

Our advice is to let employees know that their website and email usage may be subject to access by the organisation and that whilst some private use is acceptable personal discretion should be used. In this respect the main concern should be that employees do not do anything which may offend others and that excessive use is a plain waste of the organisation's time!

In practice small or medium sized employers who set reasonable limits such as described above are very unlikely to hit a problem which cannot be dealt with by a quiet word with the individual concerned. One other important point is that whatever stance employers decide to take the policy must be applied equally throughout, that includes the Managing Director!

Note if the company takes a strict view of such matters as use of the internet, personal emails etc these should be specifically referred to in a list of gross misconduct offences in the disciplinary procedure.

Example Contractual Clause
Email Internet Policy and Computer Security

1. You should not send any e-mails of a defamatory, pornographic or an abusive nature or which constitute sexual, racial or disability discrimination or any other form of harassment. You are prohibited from downloading any pornographic or other offensive material and you will indemnify the Company during and after your employment against all liability resulting from your breach of this clause.

2. If during the course of your employment you are provided with access to computer systems by way of passwords you should not divulge the password to any other person (whether employee or not) without the permission of your manager.

3. You should not introduce into any Company computer system any software or programmes, from whatever source, without the permission of your manager. This includes downloading files from the internet or opening email attachments without checking for viruses.

4. You should only operate Company computer systems which you have been authorised to use.

5. You should not permit any other person to operate any Company computer system without the permission of your manager.

6. You should not operate or interfere with Company computer systems in a way designed to damage them.

7. The Company reserves the right to monitor all e-mail/internet activity by you and you acknowledge that such a right falls within the exception set out in Article 8(2) of the European Convention of Human Rights.

8. Any breach of clauses 1 to 6 may be considered as gross misconduct.