Law firm survey finds wide differences in e mail and internet monitoringA 'startling' number of companies still only allow senior or middle management to use e-mail and the Internet at work, a law firm survey has shown, while 20% of employers who monitor usage have wrongly done so without their employees' knowledge or consent.The survey of 200 UK companies by Klegal showed that 30% of firms allow only senior executives and middle management to use the Internet, a figure that drops to 25% for e-mail.Less than half (48%) of firms allow all office-based staff to use e-mail, while only 20% allow access to the Internet to all employees.For all the restrictions on using the Internet and e-mail, KLegal found that companies are surprisingly lax on monitoring their actual use: around 50% admitted to monitoring use 'infrequently'; around 20% monitor on a monthly basis; while 11% monitor on a daily basis.However, only 80% of firms who monitor usage make their employees aware of the fact.Most companies (more than 80%) have a policy of some kind governing use of e-mail and the Internet, and most policies are similar to those on phone calls, calling for 'reasonable' levels of personal use.

The respondents reported 100 instances of disciplinary action or dismissal for downloading pornography over the internet.

Employees were found to be 40% more likely to be dismissed for downloading pornographic images from the Internet than for sending offensive e-mails.While more than half (55%) of employees disciplined for downloading pornographic material were dismissed following disciplinary proceedings, only 20% of employees who were disciplined for sending defamatory e-mails were dismissed.Stephen Levinson, UK head of employment law at KLegal, said: 'Recent increases in regulation have created uncertainty about how to manage employee use of the internet and e-mail.

And as recent high-profile incidents have shown, it is vital that companies get this area right.'Yet, as our survey shows, UK companies are adopting a far from uniform approach.

On disciplinary matters, they appear to be making a curious distinction between downloading pornography and sending offensive e mails.

Meanwhile, the 20% of employers who monitor without permission face potentially expensive civil claims as well as possible intervention by the Data Protection Commissioner."Neil Rose