The most common reason for dismissal in the UK today is employee abuse of e-mail and internet, so it’s important for organisations to set out a clear set of rules argues Harry Sherrard, who's just published a book titled Human Resources Disputes & Resolutions.
He provides the following tips to avoid disputes from arising.
Harry Sherrard, principal of Sherrards employment law firm
Does your organisation have a written policy covering potential flashpoints in the workplace? If not, then it should. In any dispute, both parties start from a much better place if the issue falls within a known set of rules.Are your employees entitled to use the internet for personal use, and if so, is that lunchtime only? These things should be spelt out, so that each party knows where they stand. Employees need to be aware that employers can, and do, check their e-mails and internet use.
I see from some of the earlier threads that there can be an issue about alcohol in the workplace. Once again, an employer should set out a clear policy and rules concerning this. Is there zero tolerance? If so, then this must be stated. Alternatively, if you are, for example, a sales organisation, and there is entertainment of customers at which some alcohol will be consumed, then the policy should put limits on employees that are realistic.
Sitting alongside the alcohol policy should be a “behaviour at outside functions” policy. I recently dealt with two cases for different employers where there was raucous behaviour at functions, but in the absence of rules or guidelines there was not a great deal the employer could do.
It’s an emotive subject, but drug and alcohol testing by employers is permissible in the workplace. Although some guidance suggests that this should only be in health and safety critical environments, this is not a strict legal rule and, for example, employers may also carry out testing on customer facing staff.
Key points for employers/managers:
1. Beware of standard ‘off the shelf’ policies. These need to be tailored to fit your actual requirements.
2. Having a policy is a good start, but communication and training is an essential step.
Personnel Today highlights:
Nearly a quarter of British employees enjoy an alcoholic drink during their lunchbreak. Read the full report Alcohol policy is a must for employers as one in four employees likes a drink with their lunch
Guidelines from Department from Business:
Disciplinary, dismissal and grievance procedures: guidance for employers
