Recent surveys have found that a third of office staff spend the equivalent of 7 to 14 days a year on personal web surfing, e-mails or texts during working hours. Andrew Crisp an employment specialist at Mason Bullock Solicitors Northampton, looks at some of the legal problems involved in providing computer facilities to employees, as well as considering the policy measures that businesses can take to guard against the risks of computer misuse.
Harassment
We have all received emails containing jokes, humorous images and even film clips. These are all capable of causing offence. If they do so, they may constitute 'harassment' for which the employer may be liable.
Harassment does not need to be targeted at anyone in particular or to be deliberate. Recently, a court awarded compensation to women who worked in an office where men downloaded pornographic images. This amounted to harassment and the employer had to pay.
Defamation
Defamation is the publication of a false statement which lowers the subject of the statement in the estimation of right-thinking members of society. The law applies to electronic communications in the same way as it applies to more traditional forms of publishing.
Several forms of electronic communication can give rise to the employer being liable for defamatory statements made by employees. For example, e-mails emanating from the employer's servers or messages posted on an employer's website, although created by an employee, are likely to render the employer legally liable for any damaging effect.
In order to avoid this, we recommend that employers should have a well-publicised computer-use policy, including a compulsory e-mail disclaimer distancing the company from any personal comments made in the e-mail.
Inadvertent formation of contracts
Despite the fact that e-mails are generally seen as an informal means of communication, they are capable of forming a contract in the same way as a letter. An email sent from an employer’s computer can be the equivalent of sending a letter on the company’s headed notepaper.
There is therefore a danger of employees inadvertently forming contracts on behalf of their employer, without realising it.
A requirement that all e-mails bear a 'signature' or disclaimer limiting the extent to which they are to be taken as being sent on the employer's behalf will assist in negating the employer's liability in this respect.
Policy
It is crucial for employers to have a detailed computer-use policy in place and to make sure it is well communicated to employees. This should refer to the issues outlined above, as well as any other issues that are relevant to your business.
A suitable computer use policy will help to protect you if any problems arise from employees’ misuse of your computers. You may wish to obtain professional advice from an employment law solicitor on drafting a policy.

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