A few weeks ago, news began circulating that a member of the British Conservative party was found to be watching adult content whilst on the clock. This news is supported by data from cybersecurity firm Kaspersky which found that over half of employees admitted to watching adult content on work devices when working from home.
Way back in 2010, The Nielsen Company found that the average worker was estimated to spend one hour and 38 minutes per month visiting pornographic sites whilst at work. Two-thirds of men admitted they had viewed adult content when their boss believed them to be working and those between the ages of 31 – 49 were most likely to do so. However, over a third of women also reported sneaking a peak whilst on the job.
So, what is HR to do?
Understandably, watching porn in the workplace is a serious violation of several company policies and gross misconduct. This can result in employees being immediately terminated with notice. Should HR delay in taking swift action, they will be leaving their company open to harassment claims.
However, HR and employers should tread carefully and follow an appropriate process before deciding to dismiss. HR should hold investigative meetings with the employee and any relevant witnesses. Should there be sufficient evidence, the employee should be invited to a disciplinary hearing otherwise, failing to do so, could lead to an unfair dismissal claim even if the behaviour was gross misconduct.
Employers also have an obligation to ensure that affected witnesses are respected and do not feel uncomfortable after any such incident. Employers should take supportive measures to ensure that these lewd incidents don’t occur again in the future. This could take the form of clear and well-publicised policies and ensuring that employees receive regular updates.
Bear in mind that these measures will be more effective before any unwarranted viewing takes place rather than afterwards.
Paul Arkwright
Publisher
