Week 10 - Computers at the workplace Flashcards
What are some employee monitoring methods?
Recording activity Keeping Opening emails or voicemails Checking logs Examining Searching staff Installing tracking in vehicles etc Making and Storing copies
What makes monitoring lawful and fair to employees?
The DPA in relation to general conditions of processing data, whereas the Regulation of Investigatory Powers Act is relevant to the monitoring and interception of electronic commucation
- Employers must satisfy both DPA and RIPA
Under RIPA it is unlawful to intercept communication on anyone else’s system aside from:
- where consent is given
- In connection to the operation of the communications service itself
Give the key points of a staff monitoring impact assessment
Purpose Benefits Confidential Information Disclosure Is it fair? Intrusion (minimise) Reasoning for any intrusions Consult workers Monitoring obligations Legal compliance
What should a workplace policy set out?
- the standards expected
- what is allowed and when
- confidentiality of communications and the purpose/methods of monitoring
What are the ICO’s practices code on workplace monitoring?
Employers should provide advance notice of the introduction of monitoring and provide appeal mechanisms.
Restrict the collection of data to that which is directly relevant
Computer generated info should be verified before it is used to evaluate
Employees should be able to view the information held about them and offered financial compensation where their rights are violated
There should be a cut off point for data being deemed less relevant
What does the Employment Act 2002 set out?
statutory minimum dismissal, disciplinary and grievance (complaint) procedures.
What are disciplinary rules?
Disciplinary rules tell employees what behaviour is expected from them:
- conduct: employee behaviour
- misconduct: breaking rules regarding this
- unsatisfactory performance: diffferent from misconduct
Employers must be aware of the law on unfair dismissal and the legal procedure in the Employment Act 2002 for dismissing or disciplining an employee.
What may disciplinary rules cover?
– Bad behaviour, such as fighting or drunkenness
– Unsatisfactory work performance
– Harassment or victimisation
– Misuse of company facilities
– Poor timekeeping
– Unauthorised absences; and
– Repeated or serious failure to follow instructions
What is the ACAS code of conduct?
ACAS: Advisory, Conciliation and Arbitration Service
Founded in 1975, aims to improve employment relations and is a non-departmental government body, governed by an independent council.
Responsible for creating a Code of Practice for Discipline and Grievance at Work
What are the ACAS principles for dealing with issues?
- Informal action will be considered where appropriate
- No action will be taken until fully investigated
- For formal action, the employee will be advised of the complaint and given the opportunity to state their case before any decision.
- Employees will be provided with written copies of evidence and witness statements in advance of any meetings
- The employee will have the right to be accompanied by a union rep or work colleague
- No employee will be dismissed for a first breach except in the case of gross misconduct when the penalty will be dismissal without notice or payment
- Appeals will be allowed against any action
- The procedure may be implemented at any stage if the employee’s alleged misconduct warrants this.
What is gross misconduct?
Acts which are so serious to justify dismissal: ie theft, bullying, breach of coincidence
How does gross misconduct work?
An employee accused of an act of gross misconduct will be suspended from work on full pay.
• Normally the suspension should last for no more than five working days, while the alleged offence is investigated.
• If, on completion of the investigation and the full disciplinary procedure, the organisation is satisfied that gross misconduct has occurred, the result will normally be summary dismissal without notice or payment in lieu of notice
