Email Facilities in the Workplace - Legislation

Hi,

Does anyone know if there is legislation covering the use, and more specifically, misuse of email facilities in the workplace please?

There is no specific legislation (that I am aware of) covering internet usage in the workplace in Ireland however companies should have an internet usage policy. Everyone who has access to the internet should have read it and signed off that they understand and agree with said policy. This protects employees and employers.
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Thanks Purple. I'm trying to find out if, where a company didn't furnish an employee with a copy of its own "code of conduct" relating to email usage, and said employee is summarily dismissed for accidentally sending an "abusive" email to a colleague, the employee has any hope of arguing the dismissal?

Not sure whether this post is better here, or in askaboutlaw?!

Surely there is an implied duty on the employee not to abuse the company's facilities nor breach the trust of their employer
Sounds like this could extend out of the whole usage of email and into the area perhaps as well of bullying and harassment

Thanks Card.

Yes of course there is.

But since the employee HAS now inadvertently sent the email, apologised when the realisation was made, and was still dismissed by the company, I am trying to find advice regarding reinstatement / legal governing of the situation to HELP the person in question, not enter a debate about whether sending the email in the first place was the wrong thing to do.

what I was trying to say I suppose was that not only should he be trying to conduct a defence as regards internet/email abuse but also there are other angles that he would need to be prepared to defend himself on also as it appears that these circumstances extend beyond the inital query regarding email use

The medium for the message shouldn't be relevant in this case. The company may well have caused themselves a problem if they based the dismissal on an inappropriate usage of email. If they had a point to make it should have been about the message and not the medium. If the message was inappropriate over the phone or face to face as well then they shouldn't have to use the email angle.

The employer would need to be very sure of their legal basis before summarily dismissing someone - they may well have over-reacted in this case, or they may actually have reacted correctly depending on the content of the email. There's a big difference between an email saying "I don't like you much" and "I think you're a big $££ $%£$%£ with a "£$()"£$ of %()£$" with no redeeming features apart from the size of your £$"£("

To answer some of the initial questions -
* I am pretty sure there is no legislation covering the use of email in the workplace.
* Employers can (should) have an email usage policy in place and signed off by each employee - if this is not in place then the employer cannot rely on it as a basis for disciplinary action.

z

there is no legislation covering email (ab)usage in work however if the company has an email/ internet usage policy in place (usually signed with the contract or stated in the contract) then they have the right to dismiss the person based on the abuse of the email usage alone. no prior warnings need to be given.
so tell your friend to check his contract carefully (and handbook if one came along with the contract) before considering further actions.
most companies these days have such a policy in place.

Thanks a million for the replies guys.

It was an email giving out about a person's colleague, which was accidentally sent to the person about whom it was written, rather than an external recipient.

The company email / internet usage policy details were, it transpires, sent to employees by email - but employees were not requested to sign any documents relating to this.

The medium of the communication might not be that relevant and it may be a bit of a red herring to pursue the issue of an internet/email policy.

If the email was abusive, then there is the issue of harassment and innappropriate behaviour. The company may have a policy on dignity at work and as part of this email communication could be given as an example of inappropriate behaviour.

Depends on reasons given in dismissal hearing, they need to be noted.


Your friend has 6 months from dismissal date to lodge complaint of unfair dismissal.

http://www.flac.ie

WHAT'SFREE? said:

The company email / internet usage policy details were, it transpires, sent to employees by email - but employees were not requested to sign any documents relating to this.

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It is not necessary that the employees sign the documents.

All that a company is required to do is to make the information regarding the Electronic Communications Policy available to the employees, and ensure taht the employees know where to find the information. It is then the responsibility of each employee to actually read the documents (be they hard copy or soft copy) and familiarise themselves with the contents.

Many company these days do not issue hard copy employee handbooks... instead, all the company policy and procedures may be located on a company Intranet webpage. At induction or some other appropriate time, the company ensures that all new hires are made aware of where the documents are located and advised to read them.

In the example you have given above, it appears that the company did indeed provide the employee with a (soft) copy of the Electronic Communication Policy. It is therefore not a legitimate defence for teh employee to say that they were unaware that inappropriate usage of the email system was grounds for dismissal . (Provided of course that the policy is well writtn and clearly states this).

HTH!

Email is just a modern form of written communication. Company email is regarded as the same as headed notepaper.

So, you should regard this case as one akin to someone typing up a letter on company headed notepaper which is critical to a colleague and then sticking it in the mail to someone outside the company. But, the letter got lost in the post and inadvertantly delivered to the person who was written about.

I dont think anyone here can say whether or not it was fair to dismiss the person. I would depend how strong the content of the letter (email) was and the intended recipient etc. You also have to remember that if the letter (email) had have been received, as it is on company paper, the company are vicariously liable and may end up having to pay compensation to the person who was written about.

Think of it in these terms and then decide whether or not the punishment fits the crime.