Dealing with Internet Pornography in the Workplace

Why pornography at work is a problem

If staff have internet access, there is a real chance someone will view pornography. This might be deliberate, or it could happen by accident when someone clicks a link in a spam email without realising what it contains.

Either way, employers need to take this seriously. Viewing pornography at work can offend or distress colleagues. In some cases, it may amount to harassment. Certain types of illegal material could also expose the employer to criminal liability.

This is not simply a moral question. It comes down to maintaining a respectful workplace and meeting legal obligations under employment law and the Equality Act 2010.

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Responsibilities for employers and staff

Both employers and employees have a part to play here.

Employers should set clear rules about acceptable use of the internet and company devices. A written policy helps staff understand what is allowed and what the consequences are for breaking the rules. This policy should form part of the employment contract or staff handbook.

Employees, in turn, are expected to follow these rules. Even where no formal policy exists, most workers understand that viewing pornography at work is inappropriate. It can make colleagues uncomfortable and damage working relationships.

Where illegal content is involved, staff should be aware that accessing, downloading or distributing such material is a criminal offence. Employers who discover illegal material on their systems may be required to report it to the police or the National Crime Agency.

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Managing internet access

Employers use different approaches to reduce the risk of pornography appearing on work devices.

• Filtering software can block access to known adult websites. This will not catch everything, but it reduces the likelihood of accidental or casual viewing.
• Some employers limit internet access to staff who genuinely need it for their work. Others prefer an open policy but monitor usage.
• Shared computers in common areas can be used for general browsing, with personal workstations restricted to work tasks only.
• Clear logging of internet activity, with staff informed that their usage may be monitored, can deter misuse.

Any monitoring must comply with data protection law. The Information Commissioner's Office provides guidance on workplace monitoring and the rights of employees. Employers should also consider the rules set out in the UK GDPR and the Data Protection Act 2018.

Dealing with incidents

When pornography is found on a work device, employers should act promptly but fairly. The response will depend on the circumstances: whether the viewing was deliberate, how often it occurred, the nature of the material, and whether it affected other staff.

A single accidental click on a spam link is different from repeated deliberate access. In serious cases, dismissal may be justified. In others, a warning or retraining may be more appropriate.

Employers should follow their disciplinary procedure and ensure any investigation is proportionate. Acas offers guidance on handling disciplinary matters fairly and lawfully.

Where the material involved is illegal, employers will usually need to preserve evidence and contact the authorities. Staff should not attempt to delete or move such files, as this could interfere with any investigation.

A clear policy, fair enforcement and sensible technical safeguards will help most employers manage this issue without major disruption. For specific legal advice, consulting an employment solicitor or HR professional is often worthwhile.

The Next Step

Now that you have read through the advice above, you might want to put it into practice. Our Workplace Privacy Checker lets you describe what your employer is monitoring or asking for and find out whether it is lawful under UK privacy and data protection law. Try it now →