Christmas Shopping at Work: Why a Clear Acceptable Use Policy Can Prevent Unfair Dismissal

Being the last week of November, you’ve probably already heard someone, somewhere playing “All I Want for Christmas is You.” Whether you like Mariah Carey’s cash cow or not, the song tends to signal the beginning of the Christmas season. With it, many will already be underway with their Christmas shopping, some of which may take place during working hours. While this may not always be a problem, issues can arise, underscoring the importance of a clear, acceptable use policy.

Below, we explore the issue of Christmas shopping at work, examine a recent case, and consider whether personal use of work devices is permitted. We then outline the employment rights that apply and the steps individuals can take if those rights are breached.

If you’ve faced an unfair disciplinary procedure or dismissal due to personal use of a work device, contact us now. Redmans Solicitors are employment experts, and following a brief chat, we can analyse your case, answer your queries, and discuss your options. Should you have an eligible claim, we can also guide you through each stage of the legal process.

To begin your journey with us today, simply:

• Call us directly on 020 3397 3603
• Request a callback by completing our online form

Christmas Online Shopping and the Reality of Personal Browsing at Work

In the run-up to Christmas, online shopping spikes dramatically. Black Friday and Cyber Monday—this year, 28 November and 1 December, respectively—help drive this surge by attracting massive levels of customer traffic, with deals and discounts often extending well beyond those dates. As people juggle work and personal commitments, and with “flash deals” frequently launched during working hours, it’s inevitable that employees may occasionally check their phones or browse on work computers to take advantage.

Read More: World Athletics Sacks Staff Following £1.3m Employee Theft

In reality, most workplaces will see some level of personal browsing, particularly during the festive period. Each employer will approach this differently, but following a recent case, it’s clear that a pragmatic approach, supported by a clear acceptable use policy, is the most sensible and legally sound route. While some instances of personal browsing could amount to misconduct at work, this is far from the norm. Employers need to take care in how they respond to personal browsing, as mishandling it can create significant legal risk.

The Lanuszka case demonstrates this perfectly.

A Clear Lesson in the Importance of an Acceptable Use Policy

In Miss A Lanuszka v Accountancy MK Services Limited, an accountancy administrator was awarded more than £14,000 after being dismissed when spy software installed on her work computer recorded her using it for personal matters.

Although Miss Lanuszka didn’t deny some personal use, the tribunal found that no policy prohibited it and, crucially, evidence emerged that the company’s director had engaged in similar behaviour. Combined with several flaws in the employer’s investigation and disciplinary procedure, the tribunal upheld her unfair dismissal claim.

For employees and employers, this case is an important reminder of how personal browsing during work hours should be handled. While excessive personal use might constitute misconduct in the workplace, potentially warranting dismissal, occasional browsing doesn’t automatically cross that threshold. Moreover, if an acceptable use policy isn’t established, communicated, or consistently applied, disciplinary action is unlikely to be considered proportionate.

Ultimately, employers should take a pragmatic and legally compliant approach to personal browsing at work. Where they fail to meet their obligations, whether through unclear policies, inconsistent enforcement or flawed procedures, they expose themselves to various legal risks, including unfair dismissal claims.

Can I Get in Trouble for Using a Work Laptop for Personal Use?

Individuals can face consequences for using a work device for personal reasons. However, while there’s no automatic right to use a work device for Christmas shopping or other non-work tasks, there’s equally no automatic right for employers to discipline staff. Any action taken should be grounded in a clearly established and properly communicated acceptable use policy, and it must be applied fairly.

When setting out what is and is not acceptable, employers should make clear:

• Whether personal browsing or personal use of work devices is permitted
• The extent to which it is allowed
• When such use can take place (for example, during breaks)
• Whether workplace monitoring will occur (ensuring that it is necessary, proportionate and transparent)
• The potential consequences of breaching the rules

When enforcing these policies, employers must act consistently and follow a fair disciplinary procedure. If they fail to do so, even where a legitimate policy exists, they risk breaching their legal obligations, and any disciplinary action or dismissal may be deemed unfair.

What to Do If You Believe Your Rights Have Been Breached

If an individual believes they’ve been unfairly monitored, disciplined or dismissed because of personal browsing or the personal use of a work device, it’s important that they understand their rights. The first step is to review the employment contract and staff handbook, if this hasn’t already been done. When looking through the documentation, consider key questions such as:

• Is there an acceptable use policy (or similar) that restricts personal browsing?
• Has this policy been clearly and effectively communicated to me?
• Has the policy been applied fairly and consistently?

If, after reviewing these documents, an individual still believes they’ve been mistreated, the next stage is usually to follow internal processes. This may involve an informal discussion with HR or raising a formal grievance. Both routes provide an opportunity to resolve the issue before litigation becomes necessary, though a formal grievance also places specific procedural obligations on the employer.

If internal procedures don’t resolve the matter, the next step is typically Acas early conciliation. Individuals are often encouraged to initiate it while internal processes are still ongoing, as strict time limits apply to bring an employment tribunal claim, and early conciliation effectively “stops the clock” on doing so. This gives more time to conclude internal discussions while preserving the right to bring a claim.

If the issue remains unresolved, though, it may be appropriate to begin tribunal proceedings. As mentioned, strict time limits and eligibility criteria apply. However, where a claim is successful, remedies such as compensation and, in some cases, reinstatement may be awarded.

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Get Help with Redmans

If you believe your employer has unfairly dismissed you for misconduct at work relating to personal browsing, contact us today. Redmans Solicitors are employment experts. Following a brief chat, we can answer your questions about your employer’s acceptable use policy (if they have one), discuss your options, and assess your eligibility to bring a claim.

It only takes a moment to discover how we can help you, simply:

• Call us on 020 3397 3603
• Request a callback via our online form