The short answer is: potentially, within reason – but very much depending on what your work policies say.
In a recent case, an employment tribunal ruled that 1 hour 24 minutes spent by an employee, over a 2-day period, using her laptop to deal with personal matters during working hours was not “excessive” and did not justify her dismissal.
The employee, Anna Lanuszka, was an administrator at an accountancy firm, She was dismissed in July 2023 for using her laptop to deal with her personal matters (on Rightmove, Amazon & Very) during her working day. Her employer claimed her actions were in violation of the company’s code of conduct.
Ms Lanuszka was ‘caught out’ when her employer placed spyware software on her laptop which tracked her personal usage during working hours.
The Tribunal established that there were no company rules against Ms Lanuszka using her laptop to deal with her personal matters and found that, “she was free to use the computer personally when work commitments permitted and during breaks”.
It also found that Ms Lanuszka’s boss had also engaged in personal use of their computer to deal with personal matters during working hours.
Crucially, as Ms A Lanuszka had over two years of continuous employment she was entitled to claim unfair dismissal. The Tribunal upheld her claim and awarded her £14,120 in compensation.
The decision highlights the importance of companies having clear workplace policies on whether, and to what extent, employees are allowed to deal with personal matters during the working day.
If you are an employer needing assistance in reviewing workplace policies or if you are a senior executive/employee facing dismissal, David Greenhalgh can help you.
This page/article/blog is for reference purposes only. It does not constitute legal advice and should not be relied upon as such. Specific legal advice about your specific circumstances should always be sought separately before taking or deciding not to take any action.
