Question: Please could you assist with the following: With regards to an employee using vulgar language on Skype, can the be put directly into a disciplinary hearing, or do we have to issue warnings first. According to our company policy this is discriminating to the company.

Answer: A few things, firstly I suggest you establish a formal EAP policy (electronic awareness policy). Such policy must contain any and all details pertaining to the company’s email and electronic systems that are prohibited. However, if such policy or similar already exists and incorporates the use of vulgar and discriminatory language, references etc, the company has every right to issue a formal final warning to employees committing such misconduct. The warning should be clear in that the company does not accept such language and reference as its usage on the network is visible to all employees or other employees and such is unacceptable and any further usage of such language and/or reference will result in the strictest of disciplinary action in the form of a formal enquiry where the company may impose a sanction of summary dismissal.

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