Many employers allow their employees access to the Internet either for work purposes or at specific times such as break times.

However, with the growth of such social interaction sites such as Facebook, My Space, Bebo and the like, where does an employer draw the line?

Some bodies such as the TUC suggest that employers allow their employees access to such sites, but a number of major employers have banned access to such sites because of the time that is being used up during working hours. These employees include Lloyds TSB, Tesco for their administration staff, the NHS as well as a large number of smaller employers.

Whilst access to the Internet to check matters that would not take too long is perfectly acceptable to a number of employers, it seems that now employees are spending a huge amount of time each day on social interaction sites to the exclusion of work itself.

This is fast becoming a source of concern for many employers who want to know how they can restrict access to the Internet in general and social interaction sites in particular.

Employers should consider a specific Internet access and email policy. This policy should govern the rights to the use of the Internet and for what purpose; whether or not permission needs to be sought from a manager or director before such access is made; the extent to which an employee is entitled to use the access and indeed to use email. The use of email should be restricted to business use only and not used to arrange an employee’s night out or weekend activities.

If access to the Internet is to be allowed, the purpose and extent should also be fully set out. If specific sites are to be restricted, then these should also be spelt out so there is no room for misinterpretation.

The right should also be reserved for the employer to have access to all employees’ emails at any time to monitor what is being said and to whom. In addition, the penalty for misuse of the Internet and email facility should also be set out with reference to the disciplinary sanction that could be imposed as a breach of the policy.

Once such policy is in place then it should be monitored and policed.

Employers should be aware of the nature and content of all the email traffic and of course what is being accessed from their computers.

Do not be caught like an employer who had a very strict Internet access and email policy in place, but failed to check what was going on. This later led to a claim for sex discrimination in terms of the emails that were being received and sent by their sales office, the content of which was extraordinarily explicit and which upset one of the team members. Her case was eventually settled for £20,000, but would have been considerable higher if actually heard by an Employment Tribunal.

For more information call Employment Law Advisory Services on 0161 785 2000 or visit www.employment-law.uk.com