smallbusiness.co.uk: Helping your business think big

In the electronic age, much office gossip and banter takes place less by the water cooler and more over email, a fact that could cause big problems for small businesses.

Email is being used to bully, harass and air prejudices against co-workers, says employment expert Croner, which is warning employers to improve their policies on monitoring electronic communications.

‘In the past a controversial opinion might have been inappropriately voiced between colleagues over a drink in the pub, nowadays employees are also making these exchanges using office email. But whereas verbal harassment is difficult to prove, convicting email evidence could be sitting in a recipient's inbox, creating serious legal issues for the company,’ warns Richard Smith of Croner. ’Employers can't afford to be blasé and are best advised to adopt a more watchful 'Big Brother' attitude over emails sent using their network.’

A cautionary tale is the example of a partner in a London law firm who emailed a colleague to jokingly request a ‘busty blonde’ to replace their black secretary, who had just resigned. The email was discovered and the secretary successfully sued.

‘Although we are advising [employers] to be more vigilant, they must also be careful when monitoring email use, which is in fact regulated by employment legislation and Data Protection rules, explains Smith. ‘Employers need to take care not to encroach on employees' privacy – although they can monitor email to an extent, they are limited in what they can do.’

Croner offers the following guidance to employers:

• Employers will be held accountable for bullying, harassment, discrimination or slander by an employee using the business email system.

• Adopt and enforce an open email policy with email conduct guidelines for acceptable content and personal use.

• Make clear that emails can form the basis for legal agreements, and require employees not to enter into contracts by email.

• Make employees aware that communications using their business email address either within the company or externally may be monitored for content.

• Encourage employees to adopt a 'think first' approach when transmitting emails for both business and personal purposes.

• Consider installing a technology solution which monitors emails and flags up suspicious content or anomalies.

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