Internet use and filter software 


Most large to medium employers now use filter software, often with activity monitoring features that log all user actions, applications and web pages accessed, mouse movements, print requests, key strokes and memory stick insertions. Often, the software is administered by the IT department or other third party, with line management only allowed to access information if they have genuine suspicion of misconduct. 


Some workplace policies refer to “spotchecks” on telephone, internet and email usage alongside automated software which blocks certain websites and emails and sends out alerts if there are signs of inappropriate usage. A number of policies state that employees should have no expectation of privacy when using the organisation’s equipment, including phones and computers.


As previously mentioned, there are a number of cases of data on computer usage — including internet browsing histories — being used by employers in disciplinary hearings against individual employees, and often in conjunction with information gleaned from other monitoring practices. 


Some reps also report managers targeting particular individuals who they have taken a dislike to for one reason or another, and trawling through data on computer and internet usage to build up a case in a disciplinary process. However, unions also report success in fighting off obvious attempts to do this.


Most organisations where computers are widely used by staff will have a workplace policy on email and internet usage. It is normal to allow for a “reasonable amount of personal use”, although many employers also warn against “excessive” use. However, “reasonable” and “excessive” are often difficult to define and workplace policies are sometimes ambiguous on what is allowed. For example, an IT policy at one employer states on the one hand that “surfing the internet” for non-business related reasons is “forbidden” but on the other hand “occasional, limited, appropriate and reasonable personal use” is permitted.


Some workplace polices set out strict parameters. At one local authority, the workplace policy states that personal use of the employer’s phone, internet and email system is allowed for “urgent or emergency purposes” only and in the employees’ own time. Use at other times and for other reasons would require the personal authorisation of the line manager. 


At a publicly funded employer, the workplace policy suggests that employees, when considering personal use, should ask themselves whether the action would be “considered unacceptable if viewed by a member of the public” and whether “managers, auditors or others in similar positions” would call into question the cost effectiveness of use of work time or use of the employers ICT systems and facilities for such activity.


Warnings in workplace policies about inappropriate internet usage are common. For example, the “acceptable use” policy at a major transport company states that “inappropriate or excessive internet usage could result in disciplinary action being taken.” Inappropriate websites to access include “adult material, gambling sites, auction services and sites that are illegal, offensive or in bad taste.” Another workplace policy warns staff not to engage in “personal legal transactions” including booking holidays. Some workplace policies also state that employees should inform their managers if they accidentally access something inappropriate. 


A number of reps report cases of workers getting into trouble “for accessing things they shouldn’t have”. This includes sensitive data, as well as pornographic and other inappropriate websites. Such cases have occurred not just in the workplace, but also when using company devices (laptops, tablets, or smartphones) to access material when outside of the workplace and out of work hours. 


Concerns were raised by these reps about the lack of consultation in the establishment and application of workplace policies. There was also often a failure by management to communicate the policy, making misunderstandings of the rules more likely. However, at some workplaces, warnings about inappropriate use flashed up on computer screens whenever people logged in. One rep complained of communications from employers taking a “we’re watching you ‘Orwellian’” approach which was damaging to employee morale.


Moreover, there were concerns that union members employed in IT roles were being asked to carry out surveillance “contrary to their legal obligations and contrary to agreed procedures.” One rep working in an IT role said that he had been “accidentally copied into an email by a manager who had asked IT to record all emails and telephone calls and send them to him.” The matter was eventually resolved but raised serious questions as to what managers thought they could get away with doing.