The Trades Union Congress (TUC) and the Industrial Society have called for a code of conduct covering email usage at work.

The move follows the introduction of the new Human Rights Act and the Regulation of Investigatory Powers (RIP) Act last month.

The two bodies are urging employers to sit down with unions and draw up guidelines for staff following the confusion surrounding email use and access to the internet in the workplace.

Although the TUC recognises the need for employers to protect themselves from abusive or obscene email, its recommendations stress that any code of practice should not only encourage responsible behaviour and good management practice but also safeguard workers' privacy.

"Good relationships at work are based on trust," said TUC general secretary John Monks. "Regulations have left many employees worried that managers might be snooping on their personal emails. Employers fear that if they open any email containing private information, they could be breaching the Human Rights Act."

Instead of banning personal use of email at work, Monks suggests that staff should be allowed occasional and reasonable personal use of email, provided it does not interfere with work. He said employers should consult with their workforce and draw up guidance that protects and reassures everyone.

The TUC also advises employers to seek the consent of employees before monitoring takes place, and only act after a complaint has been received. Workers should also be reminded that email may be checked by other staff members when they are not present.

Warren Foot, head of employment law at legal firm Tarlo Lyons, welcomed the TUC statement, adding that a degree of consultation was essential.

"There are times when trust is breached on the part of the employee," he said. "My concern relates to the issue of consent. Employers need to protect business interests and it's unnecessarily burdensome to seek the consent of employees."

"Under the RIP Act, employers are obliged to notify employees of the circumstances under which surveillance will take place. If you're talking of trust, it should work both ways," he added.

First published in Computing