Contract help

AHarvey

AHarvey

AHarvey

Soldato
Joined
6 Mar 2008
Posts
10,085
Location
Stoke area
Hi all,

We've just had a new contract sent around the office and there are a couple of sections I am not too happy with. I was wondering if you could have a read over them and let me know what you think:

Communications

During your employment with the Company, you will have access to the Company's communications facilities, such as email, internet and telephones. Use of such equipment is subject to compliance with Company rules in particular the Company's Information Security and Electronic Communications policy (which is non-contractual)

All equipment is supplied on the understanding that it will be used for business purposes, and the Company reserves the right to monitor and read communications (including personal communications, or any through a 3rd party site being made on this equipment. By signing this Contract of Employment you agree that the Company reserves the right to monitor use. Any breach of this clause may lead to disciplinary action being taken against you.
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Now, is it just me that reads that as "you will be giving us access to read your personal emails"? Isn't it against the law to read personal emails of a 3rd party?

I won't go into the 2nd section about Intellectual property rights where they tell us they own anything we do or create that has copyright. As a photographer, it really worries me. I am going to go and do some research about this before I post it.
 
They key part is the 'made on this equipment' clause. It basically means that they reserve the right to record/check/monitor anything you do on company owned equipment and facilities.

This would include things like posting on Facebook or on OcUK, as well as any emails sent using company equipment.

It doesn't mean they can demand access to things that you've never accessed through company owned equipment.
 
It says they may monitor anything sent on your work machine, work or private, which is pretty standard really.

I'd be interested to see the IP section though.
 
Seems fairly standard to me, you are at work after all - you could be slagging them off on email/facebook whilst at work or passing on 'insider' info etc.
 
Oh tracking what websites we visit etc isn't what bothers me, I know that is standard, it was the "read communications (including personal comms)" that I found worrying.

I use my G1 for gmail, facebook etc. It's just thought it was illegal to read personal emails? Human rights and all that.
 
AHarvey said:
Oh tracking what websites we visit etc isn't what bothers me, I know that is standard, it was the "read communications (including personal comms)" that I found worrying.

I use my G1 for gmail, facebook etc. It's just thought it was illegal to read personal emails? Human rights and all that.
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It's not illegal, certainly not if it's a condition of your employment and the emails were created/accessed/sent via company owned equipment.

The simple solution is not to use work equipment for such activities, whether that is in the office or on work provided equipment at home.
 
That all seems fine to me too...

All equipment is supplied on the understanding that it will be used for business purposes

Basically do work stuff on a work computer. If you happen to have personnel stuff in their then it is your fault because the contract you signed leads them to believe you are using it for business purposes.
 
Dan Dan said:
That all seems fine to me too...

All equipment is supplied on the understanding that it will be used for business purposes

Basically do work stuff on a work computer. If you happen to have personnel stuff in their then it is your fault because the contract you signed leads them to believe you are using it for business purposes.
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That clause doesn't mean you can't undertake personal tasks on work provided equipment, because it doesn't specify 'used exclusively for business purposes'.

What the clause does cover is that you should only request/be provided with company equipment that you actually have a business need for.
 
AHarvey said:
Oh tracking what websites we visit etc isn't what bothers me, I know that is standard, it was the "read communications (including personal comms)" that I found worrying.

I use my G1 for gmail, facebook etc. It's just thought it was illegal to read personal emails? Human rights and all that.
Click to expand...

I don't understand, is the G1 yours or the companies?

If it's the companies then it should be monitored, if it's not, I don't see how they can monitor it at all anyway.
 
The G1 is mine, I just do all my personal stuff on my phone.

Other employees that read their personal non work related emails (gmail/hotmail) during their breaks (which is allowed) are worried that the company will now be able to read them.
 
touch said:
Then it is not included under the contract and what you do on it cannot be monitored.
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Although it gets somewhat shaky if the sim card in the phone is company provided... not saying that's the case here, but it's certainly not unheard of.
 
AHarvey said:
The G1 is mine, I just do all my personal stuff on my phone.

Other employees that read their personal non work related emails (gmail/hotmail) during their breaks (which is allowed) are worried that the company will now be able to read them.
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They will, however as with most things, the use of such measures has to be done in a proportionate manner. Sitting there personally screening everything (as opposed to software monitoring) or randomly reading things for a laugh is not likely to occur, nor would it likely be covered under the clause if push came to shove.
 
Definately sounds like they are saying they want to have the right to read personal emails etc.

I would just bring in a netbook or something to use during your lunch etc if you want to read emails etc.
 
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