Personnel Today
  • Home
    • All PT content
    • Advertise
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • Equality, diversity and inclusion
    • Learning & training
    • Pay & benefits
    • Wellbeing
    • Recruitment & retention
    • HR strategy
    • HR Tech
    • The HR profession
    • Global
    • All HR topics
  • Legal
    • Case law
    • Commentary
    • Flexible working
    • Legal timetable
    • Maternity & paternity
    • Shared parental leave
    • Redundancy
    • TUPE
    • Disciplinary and grievances
    • Employer’s guides
  • AWARDS
    • Personnel Today Awards
    • The RAD Awards
    • OHW Awards
  • Jobs
    • Find a job
    • Jobs by email
    • Careers advice
    • Post a job
  • XpertHR
    • Learn more
    • Products
    • Pricing
    • Free trial
    • Subscribe
    • XpertHR USA
  • Webinars
  • OHW+

Personnel Today

Register
Log in
Personnel Today
  • Home
    • All PT content
    • Advertise
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • Equality, diversity and inclusion
    • Learning & training
    • Pay & benefits
    • Wellbeing
    • Recruitment & retention
    • HR strategy
    • HR Tech
    • The HR profession
    • Global
    • All HR topics
  • Legal
    • Case law
    • Commentary
    • Flexible working
    • Legal timetable
    • Maternity & paternity
    • Shared parental leave
    • Redundancy
    • TUPE
    • Disciplinary and grievances
    • Employer’s guides
  • AWARDS
    • Personnel Today Awards
    • The RAD Awards
    • OHW Awards
  • Jobs
    • Find a job
    • Jobs by email
    • Careers advice
    • Post a job
  • XpertHR
    • Learn more
    • Products
    • Pricing
    • Free trial
    • Subscribe
    • XpertHR USA
  • Webinars
  • OHW+

Employment lawHR practiceLearning & developmentData protectionRecruitment & retention

Don’t leave yourself open to liability for a temp’s misuse of IT

by Alex Blyth 10 Jan 2005
by Alex Blyth 10 Jan 2005

When FAST Corporate Services, part of the Federation Against Software Theft, surveyed 50 companies recently, it found that 45 per cent of them do not require their temporary staff to sign up to IT policies and procedures.

Failing to do this simple personnel procedure could end up costing those companies dearly.

Another piece of research, conducted by the Chartered Institute of Personnel & Development (CIPD) in June 2004, revealed that 64 per cent of organisations had experienced problems in the past two years with staff misuse of the Internet or email.

In a large number of cases this was merely sending excessive numbers of non-work emails, but occasionally they involved more serious matters such as downloading pornographic material or even using work facilities to commit criminal offences.

Geoff Webster, chief executive officer of FAST, warns that companies could face legal action, under the principle of vicarious liability, if members of staff are found to be engaged in activities such as downloading materials subject to copyright or spreading defamatory remarks.

For serious offences directors could face jail sentences of up to 10 years under the principle of vicarious liability. Webster believes that in a best-case scenario companies will have to make expensive out-of-court settlements.

Webster said: “In order to protect the company and its directors, every employee that has access to company PCs should be made to sign a document outlining policies and procedures like anybody else – it is as simple as that.”

Keith Lewington, a partner at law firm Shoosmiths, however, said it is not that simple. “Companies can get a member of staff to sign these documents, but if the offence is committed while in the course of fulfilling duties for the company then the company will still be liable.”

Stephen Worthington, senior barrister at 12 Kings Bench Walk, agrees: “Companies should not make staff sign these documents believing they are transferring liability; they should make them sign them first in the hope that staff members will take notice of them, and second so they are able to take disciplinary action against any members of staff who ignore those policies and procedures.”

For many companies these reasons are sufficiently compelling that they require permanent staff to sign these documents. The research from FAST shows that just as many HR departments neglect to brief temps on basic company procedures such as health and safety, they are also failing to take this simple precaution on IT procedure.

Ben Willmott, employee relations adviser at the CIPD, said it is essential for companies to treat permanent and temp staff consistently.

“Many temp agencies have their own policies on this, and so companies should look at these before drawing up their own,” he said. “Generally speaking they should spell out what is acceptable use, describe the penalties for unacceptable use, make it clear what the company does to monitor use, and explain why the company is taking this approach,” Willmott said.

For more information, go to: www.cipd.co.uk/subjects/hrpract/general/webepolicy.htm

Avatar
Alex Blyth

previous post
Government seeks comments on career average pension scheme for NHS
next post
British Council is UK’s most gay-friendly employer

You may also like

Employment law changes for 2022 and beyond: update...

1 Jul 2022

Give wellbeing a board seat: Prof Sir Cary...

30 Jun 2022

Staff shortages affecting business growth at three in...

29 Jun 2022

What has cyber security got to do with...

29 Jun 2022

Green jobs: are there shoots of growth on...

29 Jun 2022

Hire quality vs speed: Finding the perfect balance...

29 Jun 2022

Four-day week: what are the legal considerations for...

28 Jun 2022

White-hot recruitment market? William Tincup talks to Oven-Ready...

24 Jun 2022

Young people need more guidance over ‘green jobs’

24 Jun 2022

Three in 10 workers’ skill sets not being...

23 Jun 2022
  • NSPCC revamps its learning strategy with child wellbeing at its heart PROMOTED | The NSPCC’s mission is to prevent abuse and neglect...Read more
  • Diversity versus inclusion: Why the difference matters PROMOTED | It’s possible for an environment to be diverse, but not inclusive...Read more
  • Five steps for organisations across the globe to become more skills-driven PROMOTED | The shift in the world of work has been felt across the globe...Read more
  • The future of workforce development PROMOTED | Northumbria University and partners share insight...Read more

Personnel Today Jobs
 

Search Jobs

PERSONNEL TODAY

About us
Contact us
Browse all HR topics
Email newsletters
Content feeds
Cookies policy
Privacy policy
Terms and conditions

JOBS

Personnel Today Jobs
Post a job
Why advertise with us?

EVENTS & PRODUCTS

The Personnel Today Awards
The RAD Awards
Employee Benefits
Forum for Expatriate Management
OHW+
Whatmedia

ADVERTISING & PR

Advertising opportunities
Features list 2022

  • Facebook
  • Twitter
  • Instagram
  • Linkedin


© 2011 - 2022 DVV Media International Ltd

Personnel Today
  • Home
    • All PT content
    • Advertise
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • Equality, diversity and inclusion
    • Learning & training
    • Pay & benefits
    • Wellbeing
    • Recruitment & retention
    • HR strategy
    • HR Tech
    • The HR profession
    • Global
    • All HR topics
  • Legal
    • Case law
    • Commentary
    • Flexible working
    • Legal timetable
    • Maternity & paternity
    • Shared parental leave
    • Redundancy
    • TUPE
    • Disciplinary and grievances
    • Employer’s guides
  • AWARDS
    • Personnel Today Awards
    • The RAD Awards
    • OHW Awards
  • Jobs
    • Find a job
    • Jobs by email
    • Careers advice
    • Post a job
  • XpertHR
    • Learn more
    • Products
    • Pricing
    • Free trial
    • Subscribe
    • XpertHR USA
  • Webinars
  • OHW+