As Black Friday kicks off the festive shopping season, it’s fair to say that plenty of employees will sneak a look at online deals during the workday. A few minutes checking prices or tracking a delivery might seem harmless, but for employers, it raises a familiar question: where’s the line between acceptable and inappropriate use of work time?
A tribunal tale: when online browsing led to unfair dismissal
A recent employment tribunal put this issue firmly in the spotlight. An employee was dismissed after her company discovered she had spent just over an hour browsing shopping and property sites at work. The employer had installed spyware on her computer to monitor her activity, claiming she was misusing her time.
The tribunal disagreed. With no clear policy banning personal browsing and no evidence that her work had suffered, the dismissal was ruled unfair. The key lesson is that you cannot simply discipline staff for breaking a rule they didn’t know existed, and you cannot secretly monitor them without good reason or transparency.
The legal position: clarity and fairness matter most
UK law does not prevent employers from setting boundaries on internet use, but it does require fairness. Monitoring staff is allowed in limited circumstances if it is proportionate, communicated, and compliant with data protection rules. Secret surveillance or unclear policies are a recipe for legal challenge.
Put simply, occasional personal browsing, especially at busy times like Black Friday or the run-up to Christmas, isn’t automatically misconduct. What matters is whether your policies are clear, your expectations reasonable, and your actions consistent.
Practical steps for employers
If you don’t already have a written IT or internet use policy, now is the time to create one. Make it clear whether staff can use work devices and internet access for personal browsing, and when that is acceptable, such as during breaks or quieter periods. Share the policy with your team in good time before the festive season begins, so no one is caught off guard.
If you monitor internet use, be upfront about it and keep it proportionate. Overly intrusive monitoring tends to erode trust. When issues arise, take a measured approach. A quick look at Amazon is not the same may not be the same as spending hours shopping instead of working. Always have regard to your Company policies and contractual documentation.
A balanced approach works best
The festive period brings extra distractions, but also opportunities to show flexibility and trust. Most employees appreciate clear boundaries and a bit of leeway. The real takeaway from the tribunal case is simple: it’s not the shopping or the enforcement of policy that lands employers in hot water; it’s unclear rules mixed with heavy-handed reactions.
Set clear expectations (including any flexibility), communicate them early, and handle any issues fairly and consistently. You’ll keep your workplace productive, positive and legally sound this Christmas.