FIRMS in the south who employ "big brother" tactics in monitoring electronic mail should clearly tell staff that all on-line behaviour is subject to routine monitoring.

Bosses run the risk of falling foul of employment law otherwise, a Hampshire solicitor has warned.

The advice comes in the wake of an extraordinary case in which a worker claimed he was unfairly dismissed because the company had gone beyond the remit of its e-mail and Internet policy.

Swift action had been taken against him after it was found that he had 900 e-mails that revealed he had been supplying drugs, insulted colleagues and leaked trade secrets to a business rival.

Furious at being rumbled, the sacked worker took his firm, which is not being named, to an employment tribunal. His defence was that bosses had gone beyond their cyberspace monitoring remit.

But Michael Dalton, an employment law specialist at Petersfield-based Daltons, said: "The tribunal found in the employers' favour because they were able to demonstrate a clear policy that showed e-mails would be monitored for excessive use and inappropriate content."

He added: "In order to protect themselves, employers should clearly communicate their e-mail and Internet policy to their employees and have an underlying reason for monitoring. Having a policy in place to routinely monitor for non-specific offences enables you to make investigations into online behaviour. However, care should be taken not to abuse your position, and clearly private e-mails should be left alone."

What are your views on e-mail monitoring? Let us know by either phoning Business South on 023 8042 4491, writing in or e-mailing ron.wain@soton-echo.co.uk.