Employment Practice

Key points Under the common law, an employer cannot be compelled either to employ a particular job applicant or to reinstate or re-engage someone who has been dismissed. As Lord Davey remarked in Allen v Flood [1898] AC 1: 'An employer may refuse to employ [a workman] for the most mistaken, capricious, malicious or morally reprehensible motives that can be conceived, but the workman has no right of action against him.' And again: 'A man has no right to be employed by any particular employer, and has no right to any particular employment if it depends on the will of another.' Although an employer retains his (or her) common law right to pick and choose the people he employs, there may be a price to pay for exercising that right. In short, an employer can be ordered to pay compensation to a job applicant if a tribunal or court is satisfied that the employer acted unlawfully in refusing (or deliberately omitting) to employ the person concerned on grounds...

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 ...