Employees have never had greater access to entertainment while at work. A smartphone, e-reader and pair of headphones can provide access to books, audiobooks, podcasts, videos and social media without an employee ever leaving their desk.
For employers, this raises an interesting question: when is an employee’s personal entertainment simply personal, and when does it become a workplace issue?
The answer will often depend less on what an employee chooses to read or listen to and more on when, where and how they are consuming it, and whether it has an impact on the workplace.
Start with the workplace issue, not the content
Employers should generally be cautious about making judgements based solely on an employee’s personal interests. If an employer becomes aware that an employee is reading, watching or listening to material that might be considered inappropriate for the workplace, the first step should be to identify what the actual workplace concern is.
For example:
- Is the employee consuming personal media during paid working time when they should be performing their duties?
- Is the material visible or audible to other employees, clients or customers?
- Is the use of headphones or a personal device creating a genuine safety concern?
- Has another employee raised a complaint about what they have seen or heard?
- Is the employee sharing, displaying or discussing material with colleagues who do not want to be exposed to it?
- Is the behaviour inconsistent with an established workplace policy or a reasonable management direction?
- Is the conduct affecting productivity, workplace relationships or the professional reputation of the business?
These questions help distinguish between an employee’s private choices and conduct that legitimately has a connection with the workplace. That distinction is important. Employers do not need to become the morality police. They do, however, need to manage conduct that affects employees, safety, productivity or the workplace more broadly.
Work time and break time are not the same
An employee spending significant periods reading a book or listening to a podcast when they are supposed to be performing work presents a relatively straightforward productivity and performance issue, regardless of what they are consuming. The same employee reading a book during an unpaid lunch break presents a different situation.
Employers should therefore avoid treating the content itself as the only issue. Ask instead whether there is an established expectation around personal device use and whether the employee is meeting the requirements of their role.
Where personal media use has become excessive, the appropriate conversation might therefore be about performance, productivity or compliance with workplace rules, rather than the employer expressing an opinion about the employee’s choice of entertainment.
What if other employees can see or hear it?
The situation can become more complicated where an employee’s personal media consumption starts affecting their colleagues. Content being listened to through headphones, for example, is different from content being played through a speaker in a shared workspace. Similarly, material viewed privately on a personal device may raise different considerations to content being displayed on a workplace computer or positioned where other employees can readily see it.
Employers should consider the impact of the conduct, including whether colleagues have been involuntarily exposed to material they find inappropriate or whether the behaviour has caused conflict or discomfort in the workplace.
Importantly, the fact that one employee objects to something does not automatically mean another employee has engaged in misconduct. A complaint should be properly considered and the surrounding circumstances established before conclusions are reached.
Policies matter
A well-drafted workplace policy can make these situations considerably easier to manage. Employers should consider whether their policies clearly address matters such as:
- acceptable use of workplace computers, internet and technology;
- personal mobile phone and device use;
- headphones and earphones;
- appropriate workplace conduct;
- use of business communication platforms;
- workplace health and safety requirements; and
- expectations regarding personal activities during working time.
Policies should provide employees with reasonable clarity about what is expected without attempting to regulate every aspect of their private lives. There is also value in focusing policies on workplace impact rather than attempting to create exhaustive lists of prohibited content. Technology and online trends change quickly. Principles-based rules dealing with inappropriate use, interference with work, safety, professional standards and impacts on colleagues are generally easier to understand and apply consistently.
Consider health and safety
Personal media can also create practical safety issues that have little to do with its subject matter. An employee wearing headphones, for example, may be unable to hear instructions, alarms, approaching vehicles or other workplace hazards. That may be particularly significant in manufacturing, warehousing, construction, transport and other safety-sensitive environments.
The appropriate approach should therefore reflect the workplace and the employee’s duties. A blanket rule might be unnecessary in a quiet administrative environment, whereas restrictions could be justified for particular operational roles where situational awareness is important. Employers should identify the actual risk and establish workplace rules that respond proportionately to that risk.
Someone has complained – what now?
An unusual or uncomfortable complaint can sometimes prompt an equally unusual response from management. Resist that temptation. An employee raising a concern about a colleague’s personal media use should be treated in much the same way as other workplace concerns. Establish what allegedly occurred, identify the relevant workplace expectations, consider whether the conduct affected the complainant or workplace, and give the employee concerned an appropriate opportunity to respond.
The seriousness of the employer’s response should be proportionate to the conduct. There may be a significant difference between an employee inadvertently allowing personal material to become visible on their device and an employee deliberately displaying inappropriate material to colleagues after being asked to stop.
Similarly, an employee occasionally checking personal content may call for an informal management conversation, while persistent personal media use that interferes with their duties despite previous directions could raise a more significant performance or conduct concern. The circumstances matter.
What can employers do right now?
Employers do not need a specific policy for every new workplace trend. Instead, businesses should ensure their existing framework is broad enough to deal sensibly with changing technology and employee behaviour.
Consider these five practical steps:
- Review acceptable-use policies
- Set clear expectations about personal media during working hours
- Consider headphone rules
- Train managers to identify the real workplace concern
- Respond proportionately and consistently
Need support?
Business Chamber Queensland’s workplace consulting services include support with employee conduct and disciplinary matters, workplace conflict, investigations and policies and procedures. Our experienced workplace relations team work with Queensland employers of all sizes and across all industries to address workplace concerns in a way that is practical, proportionate and defensible.
Addressing issues early, with clear expectations and a consistent approach, can help reduce the risk of conflict, complaints and disputes. To discuss how we can support your business, contact Business Chamber Queensland’s workplace relations team today.
P | 1300 731 988
