Employers advised to tread carefully before terminating an employee
Employees guilty of "key jamming" may be terminated at work for misconduct, according to new legal insight, which urges employers to have clearly communicated policies to avoid legal risks.
"Key jamming" refers to the employee practice of deliberately carrying out irrelevant keyboard or mouse activity in order to appear productive despite not really doing anything.
Some key jamming actions include holding down a single key for extended periods or using software to mimic the movement of a mouse or typing.
Saeidul Haque, a senior associate at LegalVision, said key jamming actions can be considered serious misconduct, which may justify dismissal.
"As long as expectations are set from the start and proper procedures are followed, employers have the right to dismiss an employee for key jamming," Haque said in a recent legal insight.
Avoiding employment disputes
While the misconduct may result in termination, Haque advised employers to avoid rushing to dismissal without carrying out a proper investigation.
Employers who suspect an employee is key jamming should begin with an investigatory meeting where the employee can explain their actions.
If the investigation indicates misconduct, Haque said employers should follow their internal disciplinary policie and comply with the Acas Code of Practice on Disciplinary and Grievance Procedures.
"Employers should avoid jumping to conclusions. The correct approach is to gather evidence, provide employees an opportunity to explain, and follow a fair disciplinary process before making decisions," he added.
Termination can only be applied if it meets four key requirements, which are:
- A fair reason for dismissal
- A reasonable investigation
- A fair disciplinary process
- Proportionate action
"Employers also need to ensure any monitoring is proportionate and transparent. While monitoring employee activity can be justified, it must comply with data protection laws," the insight added.
Ultimately, prevention of key jamming remains the key and clear communication on the company's expectations regarding productivity is necessary.
"It's always better to prevent this issue by setting clear expectations and offering support to employees who might be struggling with remote work," Haque said.
