Employee sacked over 'excessive' internet use was unfairly dismissed

David Innes’ bosses at Scottish and Southern Energy said that he had been spending a “ridiculous amount of time” using the internet for personal purposes on company time. He was accused of reaching 27,500 website hits and fired for breach of the firm’s internet policy.

However, a Glasgow Employment Tribunal has now ruled that his dismissal was unfair. The Tribunal chairman said that the manager who made the decision to fire Mr Innes had “no idea” how to properly interpret the internet usage report.

The Tribunal chairman said:

"He made no attempt to obtain advice from the respondent's IT department. His view was essentially that he was faced with this enormous report and this therefore showed an extraordinary amount of internet usage."

The court heard that Mr Innes had suffered mental health problems and was struggling with work following the death of his father a year earlier.

The Tribunal concluded Mr Innes could have sought appropriate medical help and taken sickness or bereavement leave. However, there was a unanimous agreement that his dismissal was unfair. Mr Innes was awarded £38,608 in compensation. He said he felt the recompense was fair but he should have been reinstated.

A spokesperson for Scottish and Southern Energy said the company was considering an appeal against the decision.

Anthony Rees, an Employment Partner at Eversheds, told Workplace Law:

"With all the potential risks involved, it is vital that employers introduce an email and internet usage policy. Just as importantly, the policy needs to be user-friendly, concise and consistent with other policies and must be communicated clearly to staff. Staff should also be trained in its use and be made aware of the  consequences of failing to comply with its terms. 

"Where an employer discovers or suspects that employees have been misusing the email or internet systems, a fair procedure must be followed. As with many allegations of misconduct, evidence-gathering will be vital. There are strict legal restrictions on the extent to which an employer can access employee emails or monitor web usage, some (but not all) of which can be helped by a well drawn-up and well communicated policy. There are three fundamental points for an employer to bear in mind in this context:

1. A balance must be struck between employee privacy and the interests of the employer;
2. Employees must be aware of the nature, extent and reason for monitoring (except covert monitoring, to which specific rules apply);
3. 'Impact assessments' should be used to weigh up the needs of the individual against the needs of the business, most importantly to consider if alternatives to intrusive monitoring are available."

Technological advances in the field of information technology have resulted in many positive benefits for employers. However, the increase in technological advances has also brought with it many employment related issues. These include harassment, discrimination, and breach of contract issues. Workplace Law's IT and Email Policy and Management Guide v.3.0 has been designed to alert employers of the potential problems associated with using computer systems, the Internet, and email systems within the workplace and to provide certain safeguards.

The policy covers:

• internet use;
• email use;
• company rights and obligations;
• viruses;
• authorised and unauthorised use;
• and more.