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The Legal Risks of Uncontrolled Web Use and Email Content

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Understand the law, deal with the risks

Published May 2007

Morgan Cole Solicitors and MessageLabs combine to bring you this up to date guide for understanding the legal issues around uncontrolled email and web usage.

'Email and Internet access is critical to many businesses. The ease of use and scale of information that can be obtained or distributed swiftly makes these business tools invaluable. However, the same attributes can also cause severe difficulties to employers if employee use is not controlled adequately.

Despite many highly publicised cases, employees persist in accessing inappropriate material, such as pornography, through work PCs. On occasion such material is distributed around the workplace by attachments to emails. This may lead to claims that the employer has failed to provide a safe working environment and/or that the conduct of the employees concerned amounts to discrimination against other colleagues. Such activity may also cause any employees who feel harassed by such behaviour to resign and claim unfair “constructive” dismissal. Damages awards in discrimination claims are potentially unlimited.

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