Employment Practice

Computer Access The Computer Misuse Act 1990 makes offences of: - Unauthorised access to computer material (i.e. both hacking and access by Unauthorised users); - Unauthorised modification of computer material (e.g. the insertion of a time bomb such as the 'Friday 13th' data destruction program); and - Ulterior intent (i.e. Unauthorised access for the purpose of committing a crime). Penalties for Unauthorised access (apart from those provided for under the Act which are up to 5 years imprisonment and/or an unlimited fine) may include dismissal for employees. A policy/procedure such as the following might be appropriate: 1. Employees may only operate within their own departmental operations and service areas. Access to other areas is restricted to Authorised personnel only. Access to the systems, particularly, but not exclusively, the computer systems, is reserved to Authorised personnel only. Unauthorised access to, or in any way tampering with, any computer system or software,...

At times employers may wish to restrict employee access to the premises and/or access to 'sensitive' parts of their premises. Such restrictions must be clearly advised so that those involved are in no doubt regarding the requirements. This is particularly relevant to computer suites and to those organisations vulnerable and attractive to terrorists, or to industrial espionage. Electronic access equipment may not only provide additional security but may also provide an attendance record, and even payroll input. Commentary Controls over access may be best implemented by a written procedure covering both employees and visitors. Access Procedure 1. Employees access the premises of [the Organisation] using the electronic card keys in the externally sited mechanisms adjacent to the entrances. A personal access card (with an individual number) is issued on employment - and its use is restricted to the particular employee to whom it was issued. The card must be inserted in the control ...

Absence Background The basis of the employment contract is that in return for a set number of hours contributed by the employee, the employer pays an agreed wage or salary. Many employers provide paid contractual leave when an employee is sick - as well as being required to pay Statutory Sick Pay. Inevitably, some employees take advantage and over claim. A system of recording and monitoring absence can help ensure legitimate absence is paid for - and malingering is controlled. Commentary Absence is either 'Authorised' or 'Unauthorised' - and both headings cover several categories, all of which need to be identified and procedures devised for dealing with them fairly. 1. Holidays a. Statutory. Employers must provide four weeks paid HOLIDAY (including paid bank holidays) within their holiday year for all employees. b. Contractual. Any holiday entitlement in addition to the statutory right should be specified in the CONTRACT with provisions covering the calculati...