
| CWU Internet Abuse Guidance |
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Dear Colleague
Internet Abuse
Despite repeated warnings and guidance issued by BT and the CWU over the past four years, the level of internet misuse cases continues to be significant, across all grades of employees. Around 50% of cases involving this type of misconduct result in dismissal...
It is important for branches and members to realise the extent and sophistication of BT’s monitoring of internet access and traffic across its network. It is fair to say that detection of unauthorised or inappropriate use of the internet from BT access points (either fixed or mobile) is inescapable.
BT Security has access to logs of all internet access by registered user and IP address. This information details all key presses on line together with all URL’s used. BT Security actively and regularly searches on Keywords to monitor possible inappropriate use. This information (which is electronically stored in the Firewall) can solely be used to bring discipline charges. They do not necessarily have to resort to examine the hard disc drives. BT’s other policies about computer security mean that unauthorised use of an individual employee’s equipment or identity is (a) unlikely and (b) in itself Gross Misconduct.
Additionally, “forensic examination” of hard disc drives can reveal patterns of internet usage. Commercially available “clean up” programmes will not erase information sufficiently thoroughly enough to avoid detection of inappropriate accesses as evidence of usage is spread around the Operating System in visible and hidden files.
BT’s warning screens which appear when attempts to access sites deemed as inappropriate are made are also increasingly sensitive.
The advice to members who feel the urge to access inappropriate sites which are largely, but not exclusively, of a pornographic nature is quite simply DON’T.
A hitherto clean disciplinary record, long service, family commitments and contribution to the business have been shown not to save your job in these circumstances, and Employment Tribunals are exceptionally unlikely to view such behaviour with any sympathy.
There is an ongoing debate about mitigating circumstances and to what extend these should be and are taken into account by BT managers.
The T&FSE will be reviewing its policy (relayed in LTB 600/03) to ensure it is still fit-for-purpose, and in particular whether it is possible or desirable to differentiate between wilful internet abuse and that which can and should be mitigated because the employee was acting under some sort of duress. Comments from branches on this or any other aspect of our approach to Internet Abuse within BT should be directed to my office by 9 December 2005.
The advice to branches handling current internet abuse cases is therefore to be absolutely clear with members: We cannot help them if they are not absolutely candid with us about what they have done, and why. This maxim is especially true for internet abuse cases because arguments in mitigation are generally all we can hope to rely on.
Branches should feel free to cascade this information to members as they see fit.
Any queries should be addressed to my office here at CWU headquarters ( This e-mail address is being protected from spambots. You need JavaScript enabled to view it ). Yours sincerely
Simon Sapper
Assistant Secretary |