Unauthorised e-mails

Our employers have suddenly and without warning decided to take action against anyone using the Internet "inappropriately". As a result one of my members has been told to attend a disciplinary hearing that may or may not result in her dismissal. Her offence is to have e-mailed her partner a document that the employers say could be pornographic or, at the very least, in poor taste. She has worked here for more than 10 years and has never had a disciplinary before. What should we do?

Employers do have the right to discipline workers for inappropriate use of the internet, including e-mails.

However, where (as in your case) they have decided to "get tough" on this issue, they have an obligation to inform employees in advance of the likely consequences of their inappropriate use. Employees should know what action will result in a disciplinary hearing and also what the likely penalty will be.

Failing to do this is likely to make any dismissal unfair, particularly taking account of your member's long service and exemplary disciplinary record up until now.

* More information: Royal Bank of Scotland v Goudie EAT/0693/03