Merrill Lynch tells 20 staff to 'stay away' for e-mailing porn

More than 20 staff at the Dublin centre of US financial management and advice group Merrill Lynch have been told to stay away…

More than 20 staff at the Dublin centre of US financial management and advice group Merrill Lynch have been told to stay away from work after being caught sending pornographic material by e-mail, writes Colm Keena

The staff were told on Monday to stay away from work because of the inappropriate use of company e-mail. A decision on whether further disciplinary action may occur has not yet been taken, a spokesman for the company said.

"Technically, they are not suspended; they are not coming to work but they are not suspended," he said. "I don't know how you would categorise it."

A further 10 staff members were given written warnings for similar, but less serious, inappropriate use of e-mail.

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The spokesman would not say whether the staff who were not attending work were male, female or both, or whether they had been sending unwanted e-mails to other staff members. "Our employees are notified of, and advised to carefully follow, strict policies on electronic communications," the spokesman said.

"We want to create the right environment for our employees and do not condone inappropriate use of the firm's systems."

The staff who received the written warnings are now receiving mandatory training in the use of information technology and e-mail. They will not suffer any financial penalty.

Merrill Lynch employs approximately 600 people in Dublin, providing back-up services to the group's activities in Europe, Africa and the Middle East.

It has in the past sacked employees in London for sending pornographic e-mails, as have many other major international firms.

The Revenue Commissioners suspended several staff members without pay some years ago, for distributing pornographic material by e-mail. In 2004, the chief executive of the Bank of Ireland, Michael Soden, quit after it was discovered he had accessed inappropriate material on his bank computer.

Employers have a duty of care to their employees to protect them from distressing or offensive material, the Small Firms Association has warned in the past.

Employees who receive unwanted pornographic, racist or discriminatory material by e-mail can potentially take a case against their employers.

Defamation partner with McCann FitzGerald solicitors Karyn Harty said her firm advised employers to ensure they had a policy on internet and e-mail usage "which is updated regularly. It is not enough to have it there - you must also regularly remind the staff of the policy."

She said employers should make efforts to screen out such material and should have a support system in place for employees who suffer distress after receiving objectionable material by e-mail.