Technology as a Disabler

Litigation & Disputes / Risk Management

Monitoring of employees in the employment context is a sensitive matter. Policies and procedures mitigate the risk of potential disasters arising from use of social networking sites, email defamation and infringements of the Data Protection Act.



All organizations, both commercial and non-commercial, use technology for a variety of reasons, including the speed of communication, to be more effective in providing goods and services, connecting the supply chain (whether between a large corporation and hundreds of smaller business, or between local authorities and providers of goods and services), and generally to improve the efficiency of what the organization does.

The problems of using technology

However, with all good ideas and technologies, problems are bound to occur, and the networked world has its share of problems that can affect employee relations, the reputation of the organization, and the smooth running of its business operations. The problems might seem to be mundane, but they can have a detrimental affect on the organization, no matter what size it happens to be.

In the networked world, virtually every employee is connected to the internet, and probably has the use of e-mail. These are two very useful items of technology that when used properly, can be a boon to the organization. However, we are human beings, and we do not always do everything as we should. This means employees do things that, after the event, they perhaps regret doing.

The main issues employers

Probably, two of the most frequent issues include:

  1. The excessive use of social networking sites, for example: where an employee shares confidential or proprietary business information (maybe they give out insider information about the value of shares); comments are construed as being harassment or discriminating against a person.
  2. Misusing the e-mail facilities, for example: the content contains inappropriate sexual material; breach of confidence by sending out confidential files or information;
  3. defamation;
  4. breaching the Data Protection Act 1998;
  5. contract formation by employees without realising it; and
  6. discrimination.

The Balancing Act

The balance is a delicate one:

  1. The employer can be liable for the acts of employees, and this can lead to expensive and time consuming litigation, which might also include adverse publicity that is usually not welcome.
  2. The employer can take action to mitigate the problems, but it is necessary to be aware of the relevant legislation, including the provisions of the Data Protection Act 1998, and what can and cannot be monitored.
  3. By taking appropriate preventative steps, the employer can help employees benefit from any measures that are taken to ameliorate any problems: for instance, most employees do not intend do things that mean they face the prospect of dismissal. The employer, by implementing measures to reduce the risks when using the networked world, can help employees become aware of the risks they face.
  4. Consideration should be given to either (a) preparing and implementing appropriate policies, or (b) where the organization does not have them, to prepare such policies, including and e-mail and internet use policy, IT policy, disciplinary policy, harassment policy and whistleblowing policy.
    Documentation such as this establishes a baseline of expected conduct and is likely to serve the organization’s interests when employees and consultants fail to observe them, and exposes the organisation to risk.
  5. Policies without training do not work. Training is imperative, and consideration should be given to the various mechanisms that can be used to ensure all members of staff have regular training. Restricting to training in one way (for instance, with on-line training) soon fails, because it becomes too familiar: the only way is to ring the changes with different types of training (on-line self taught; internal 1 or 2 hour sessions; external training providers to reinforce the message).

Using technology does not mean the workplace has to be heavily monitored: most organizations have a great bunch of staff that they have taken care (and sometimes a great deal of money) to recruit. Neither the organization nor the member of staff necessarily wants to face embarrassing litigation or the loss of employment. The employer can help with good workplace policies that are good for everyone.


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Drukker Solicitors
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020 7353 1770