The recent controversy at PricewaterhouseCoopers over the circulation of inappropriate emails highlights how electronic communication can leave employers vulnerable to the behaviour of their workers. When emails are circulated, it often takes some time before the contents come to the attention of the company, and at that stage, it may be too late to deal with the problem effectively.

A well-drafted email and internet policy is a moral and legal imperative for any employer, particularly given the digital age we live in, the liberty of the internet, and the instantaneous reach, or 'viral' effect, of shared and forwarded communications.

Many companies require employees to agree to an onscreen disclaimer. This disclaimer states that company computers or other electronic equipment may be used for business-related purposes only and should not be used to obtain, view, or reach any pornographic, or otherwise immoral or unethical internet sites or content. And that doing so will lead to disciplinary action up to and including dismissal. An appropriate and well-drafted policy may limit an employer's legal responsibility if an employee takes no heed of it.

The policy should state that the email system is not to be used for the creation or distribution of any offensive or disruptive messages, including messages containing offensive comments about fellow employees' race, gender, age, sexual orientation, pornography, religious or political beliefs, ethnic origin or disability.

The policy should state that employees who receive such emails should report the matter to their supervisor immediately. Furthermore, employees should not use email to discuss company business. Include in the policy the measures that would be taken if the rules were breached.

The email/internet policy should also be referred to in the sexual harassment policy where, for example, forwarding of any lewd or pornographic content is expressly forbidden. Finally, with detailed examples of breaches given and employees educated on policy, it should be expressly stated that any violations will result in disciplinary action up to and including dismissal.

Oisin Scollard is a Barrister and Legal Counsel with Employmentclinic.ie