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Porn in the workplace

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Given these statistics it is hardly surprising that many employers have had to deal with issues relating to employees accessing online pornography in the workplace. There are a number of different legal issues which can arise from this type of behaviour. The first, and most obvious, is what action to take against the offending employee. The other main issue is the risk of sexual harassment claims being brought by other employees who have seen and are offended by the pornographic material. Many employers take the view that employees caught viewing or emailing pornography at work, or using work equipment to do so, commit gross misconduct. If the employee who has been dismissed brings a claim for unfair dismissal, the Tribunal will, as with any other misconduct case, look at whether the employer believed they had a reason to dismiss, whether they had carried out a reasonable investigation, and whether the decision to dismiss was within the band of reasonable responses which an employer might reach.

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Responding to pornography in the workplace

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Please contact customerservices lexology. While the principles in the decisions are similar, the outcomes have varied depending on a range of circumstances. In V ancouve r School District No. Similarly, in V ancouver Schoo l District No. In both cases, the dismissal was upheld. In assessing whether the trust relationship between employer and employee had been irrevocably broken, the arbitrators considered many of the standard factors in a discipline case:. The unique position of a school also proved relevant in assessing the appropriateness of dismissal as a penalty for accessing pornography at work.

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Unsurprisingly, the access to pornography can be extremely problematic in the workplace. Not only does the access to pornography at work open up a minefield of possible harassment and other sexually motivated complaints, it contributes significantly to presenteeism where staff are physically present but not concentrating on their jobs. In addition, staff accessing using company resources to access unauthorised websites, can pose a significant cyber security risk to businesses. Given the almost ubiquitous presence of smartphones and tablets in the workplace, it is becoming increasingly difficult for employers to address and manage the increasing issues related to pornography access in the workplace.