Michelle Loughnan

Morning, David.

So there's nothing that prevents an employer from restricting mobile phone usage in a workplace, but it has to be done carefully.

And that's where a complete ban can be a little bit tricky.

So exactly as Eoin pointed out there, a workplace that is a construction site and restricting mobile phone usage there is very different to a workplace that is an office and restricting mobile phone usage there.

If you drive for a living, work at a height or operate dangerous machinery, you cannot have your head down in a mobile phone while carrying out those tasks for obvious legal and health and safety reasons.

So the key questions are really, why is the restriction required?

Is that reason reasonable and proportionate?

Can the restriction be implemented without infringing employee rights?

And has that been properly communicated to employees?

So a policy would need to be set out on what is an acceptable level of usage in the workplace.

And a good policy should set out why the restriction is required.

It should allow a reasonable amount of personal use.

It should distinguish between working areas in the work environment.

So, for example, phone usage is restricted on the factory floor, but it's not restricted in the break room.

It should set out consequences for the breach.

Managers should be trained in that policy and it should be implemented consistently across the board.

So it's been a bit of an evolution over the years.

So this started with internet and email usage policies where companies set out, this is how you will and will not use our IT systems.

That then moved into social media policies that not only set out how you will and will not use social media in the workplace, but also how you might hold yourself out as a representative of this organisation on a social media platform outside of working hours.

And now it's extending into how employees use their own personal devices in a workplace.