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Inappropriate E-mail

The Legal Compliance aspects of running a Business or Employing People and Statutory Regulation Guidance

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  #1 (permalink)  
Old 06-05-2008, 20:29
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Default Inappropriate E-mail

A customer(!!) has taken to sending inappropriate sexually orientated e-mail to one of our staff, while not overly offended, she rightly brought it to a managers attention and a response was sent informing him of the illegality of what he was doing and that we would persue action against him in the case of a repeat, this evidently did not bother him and he continued. So I looked into how to report his activity and was surprised to come up against a brick wall.

As an employer I legally have a duty to prevent this kind of thing in the work place, but there does not appear to be anywhere obvious to report it and have any action taken. Naturally we have blocked him from being able to e-mail the member of staff now, but simply blocking him I suspect just moves the problem on, does anyone know of any where that takes these things seriously and will take action?
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  #2 (permalink)  
Old 06-05-2008, 20:36
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dirty perv I would name and shame them for a taster
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Old 06-05-2008, 20:44
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I suppose it would depend on the contract of employment and the use of IT in the workplace
If he is in breach of any terms it can cost him his job....i am sure being told that would stop him

I think in this day and age if IT is in the workplace then specific guidlines need to be enforced
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Old 06-05-2008, 20:52
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I have no idea if he is e-mailing from a work location or his home, I suspect his home.

It is not so much his contract of employment though Pete, a law came into force in March/April that made all employers responsible for ensuring that their staff are not subjected to sexual harassment from anyone while at work (be it customers or other staff members), quite how the Government believes that can be enforced if they provide no means of supporting it though is anyone's guess.

Last edited by IP2; 06-05-2008 at 20:53. Reason: Clarity
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Old 06-05-2008, 20:53
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I would write to his boss, ceo or board; whoever is his senior line management. If he owns the business, I suspect if you raise a solicitors letter as a formal warning and keep it on file to show you took enough action, this should suffice given you have blocked him. Im not aware there is anywhere you can report them to.

It is unacceptable for any person to inappropriately pursue another when it is unsolicited and unaccepted by the recipient (there's plenty that do it that dont mind of course but thats a case where its accpeted by both parties).

Some folk think its ok to insinuate a sexually-oriented comment believeing it is a compliment, not realising that with the wrong recipient, can land them in hot water!

I had sopmeone off a forum PM me once about the size of my cushions on my sofa when I displayed a photo! Shocking behaviour
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Old 06-05-2008, 21:03
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Our posts probably crossed there Indizine, I do suspect this is someone at home, unfortunately nullifying the ability to approach his work.

PS. Fancy showing off your sofa cushions publically!
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Old 06-05-2008, 21:13
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In what way is he a customer? Did he get your employees email details as a business contact or as a member of the public?

If the former then go to their employer, even if they are emailing from home, as that contact was intended for business purposes.

If it is a private customer and the emails could be described as 'grossly offensive or of an indecent, obscene or menacing character' (that includes offensive language not just images) then go to the police, he can end up on the sex offenders register according to the law changes in 2003.
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Old 06-05-2008, 21:22
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It was a public pic on here John but somehow the thread has disappared and Ray has started a 2nd one but for fear of pervy comments, I dare not post it again yet it was only me sat on my sofa
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Old 06-05-2008, 21:23
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Do you have copies of the emails that would show which ISP they were sent using?

Might be worth trying abuse@<ISP>, as such behaviour could be covered by the ISP's Acceptable Use conditions. Even if not, it might stir things up and get the sender to desist.
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Old 06-05-2008, 21:39
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You're right - Per the new regs brought in a few weeks ago, if the employee deems this sexual harrassment, if you knew about it, and did nothing to stop it, then I think YOU can be taken to tribunal under the harrassment rules!

Bonkers isn't it!!!
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