A UK employment tribunal has ruled that browsing websites for personal use during work hours for less than an hour is not grounds for dismissal. An accountancy administrator, Ms. Lanuszka, has been awarded over £14,000 following her termination in July 2023 after her employer used software to monitor her computer activity, revealing time spent on personal matters.
The tribunal found that Ms. Lanuszka’s dismissal was unfair, particularly noting that her employer, Ms. Krauze, had also engaged in personal activities on company time. Employment Judge Michael Magee indicated that Ms. Krauze’s actions seemed to reflect a desire to terminate Ms. Lanuszka’s employment before she reached the two-year threshold necessary for making an unfair dismissal claim under UK law.
Ms. Lanuszka had been employed since 2017 and had signed a new contract in September 2021 following a company name change. The spyware installed by Ms. Krauze recorded that Ms. Lanuszka spent one hour and 24 minutes on personal activities on the 13th and 14th of July. Judge Magee noted that much of that time was devoted to professional development, including Excel training, and emphasized that there was no established company policy prohibiting personal use of the computer during breaks or when work obligations allowed.
Additionally, the Judge pointed out that Ms. Lanuszka had no prior issues with her conduct and had not received any warnings regarding her performance. The tribunal also criticized Ms. Krauze’s diary entries citing performance concerns during 2022 and 2023, as they were documented in 2024, raising questions about their credibility.
Source: https://www.bbc.com/news/articles/cwywlk07rj4o?at_medium=RSS&at_campaign=rss