Office Pornography?

With the internet and email revolution, staff in offices often now receive and open “joke emails” and follow links to sites that have been emailed to them by friends and colleagues during the day. Although the majority of these are harmless, the time this takes up can lower your Company’s productivity - but could it also leave you open to an employment tribunal claim?

Employees can bring discrimination claims if they feel that they have been treated less favourably as a result of their sex. Most people think of this protecting women who are treated badly as they are pregnant or if they have experienced unwanted sexual advances - but the protection is now considerably wider.

The Employment Appeal Tribunal has recently held that a male employee downloading pornographic images in the office could amount to discrimination if there was a woman employee simply in the room, unless she participated in, or enjoyed, the downloading. It does not matter whether she has complained at the time.

This means that if employees open links, causing unsavoury images to flash on to the screen, this could entitle a person who was offended (of either sex) to bring a tribunal claim for compensation. Compensation for these claims is unlimited. The only defence for the employer would be to show that the individual was party to or enjoyed what was going on. This is bound to be difficult as who knows what one person considers to be a joke?

Employers should be aware that offence could be caused and try to seek to control what images are downloaded. This could involve training your staff and dealing with any grievances in a sensitive manner as and when they arise.

If you have any queries in relation to the above or potential sex discrimination, do contact Verity Slater of Follett Stock.