Firms that fail to protect employees from cyber-bullying in the workplace are running the risk of being sued by distressed employees, according to a paper released by Dublin-based employment law firm McDowell Purcell.
The paper, Cyber-bullying in the Workplace Remedies for Employees, said that while e-mail and Internet access in the workplace can bring benefits, unrestricted access exposes firms to claims for personal injury, breach of duty, discrimination, defamation proceedings, IT security violations and lost productivity.
The paper outlined four measures companies should implement to protect themselves and their staff: the setting of ground rules for acceptable usage, such the use of personal e-mail on company networks; communication of company policy on IT usage by giving employees a handbook and asking them to sign it; compliance with data protection legislation by ensuring employee consent is granted for the company to monitor their Internet usage; and the introduction of sanctions for breaching policy.
The paper’s author, Julie O’Neill, associate at McDowell Purcell, said: "While cyber-bullying is typically associated with children and teenagers, it is becoming an increasing problem for professionals in the workplace. Firms need to ensure that they have robust procedures, including an Electronic Communications Policy in place, to mitigate against the risk of legal claims."
The Office for Internet Safety, the National Centre for Technology in Education (NCTE), O2 and Barnardos recently issued a guidebook on cyberbullying last year, where it added that companies should make their systems fully traceable, so perpetrators can be quickly identified; rapid investigation of complaints; and a ‘notice and takedown’ policy for removing objectionable posts on social networks.
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