Employers must be mindful when requesting employees to install workplace apps on their phones. In the case of Alsnih v Al Quds Al-Arabi Publishing & Advertising, the Employment Tribunal (ET) held the employer had unfairly dismissed a journalist who refused to install a work-related app on her personal phone. The ET held the app was intrusive, and did not allow the employee to separate her private life from her professional one.
The Background
The employer was the online news editor for the newspaper. Alsnih was originally self-employed, but later considered to be an employee of the company. The app – called Viber, was intended to prevent the duplication of articles. At first, the installation was voluntary for all employees, however she was later asked to use the app on her personal phone due to concerns about duplicating articles.
The employee requested a work phone or laptop app - as she objected to the app being installed on her personal phone. She claimed the app constantly sent messages and disrupted her life outside of work. The employer refused this request and blocked her access to the work systems. The employee raised a grievance about harassment, bullying, and racial discrimination. As a result, her contract was subsequently terminated by the employer.
The Employment Tribunal’s Decision
The ET held that Alsnih was unfairly dismissed for refusing to install an intrusive app on her personal phone. They said the employer could have offered her alternative arrangements – such as installing the app on a work phone or laptop. The employer had also failed to investigate the matter prior to the disciplinary hearing, and had failed to correctly assess Alsnih’s employment status. As a result, the ET ordered the employer to pay compensation.
What Employers Need To Do
Employers must be mindful of correctly assessing an individual’s employment status, and ensure they follow the correct disciplinary and dismissal procedures. Employers should investigate an employee’s refusal to install apps on their phones and explore alternative options. Work should never interfere with an employee’s private life, so making it mandatory to monitor app notifications outside of work hours creates a pressing HR issue.
This case emphasises the advancement of legal rights in relation to new technology in the workplace. Quest Cover can help you develop effective HR policies, and provide you with advice in relation to complex employment law matters.
This article is intended for guidance only and does not constitute legal advice. If you require this, please contact the Quest Advice Line on 01455 852 028 – where a team of experts will provide you with professional guidance on this matter.
