‘Tis the season of love, and apparently for some, that includes stoking the embers whilst on the clock. Over the past two months we’ve been engaged on a number of forensic investigations involving allegations of users consuming pornographic content in the workplace. The outcomes of these matters could be instructive to other employers so I thought I’d set out some “lessons learned”.
- Policy. Policy. Policy.
Without a comprehensive policy explicitly setting out what types of content are permitted and not permitted to be consumed in the workplace, the likelihood that effective action and if appropriate, sanction, can be taken is significantly diminished. All employees and contractors with access to company equipment and/or work spaces must be made aware of the terms of the policy in such a way that the policy can be enforced against them if necessary. The policy will also need to be revised as new technology is added to the organisation eg tablets, mobile phones, BYO devices, and again, these updates need to be communicated in an effective manner. - Prevention
A vast array of filtering software is now available which makes it relatively easy for an organisation to block most avenues for consuming pornographic content on devices connected to corporate networks. Whilst the solutions are not 100% effective, the presence of such a system will serve four purposes:- Signal to employees and contractors the organisation is serious about enforcing the Policy.Policy.Policy.
- Prevent the vast majority of pornographic content from entering the organisation.
- Provide corroborative evidence regarding an individual’s Internet use should an investigation be warranted.
- Illustrate to a court or tribunal the active steps and capital investment an organisation has made to enforce it’s Policy. Policy. Policy.
- Monitoring
A regular review of filtering software reports, by either HR or IT (or both!) can quickly highlight any potential issues and may make an early intervention possible, heading off serious work place incidents. - Preservation
Where an allegation has been made regarding an individuals conduct, or evidence has come to light through your regular monitoring, preservation of the evidence is critical to a successful outcome. A forensic image of the equipment used by the individual (desktop, laptop, tablet, mobile phone) is a cost-effective way to preserve the data for subsequent action. The cost of such preservation action will represent only a small fraction of the total cost of disciplinary action and can provide persuasive evidence in courts and tribunals. Such work should be completed in circumstances which do not raise suspicion, either after-hours or under the guise of “maintenance”. - Action
Investigating allegations or evidence of consumption of pornographic content in the workplace must be a high priority. In our recent engagements we’ve seen affected third parties taking extended sick leave due to perceived harassment, allegations of cover-ups and nepotism by management not effectively dealing with complaints and in one instance, the loss of up to 20 hours per week of work time to viewing of such material. Effective handling of such complaints is crucial in setting expectations in your organisation and enforcing them.
If you have any questions or concerns regarding the above, please get in touch. We’ve developed a strong reputation in both government and private sectors for handling these types of matter with discretion, probity and efficacy.
