Pornography downloads found to be discriminatory

Downloading pornographic images at work constitutes sex discrimination, the Employment Appeal Tribunal (EAT) has concluded.

Such activity is likely to be an act of gross misconduct, but until now there has been uncertainty about whether it is discriminatory.

The EAT's decision was made in the case of Rea Moonsar, whose male colleagues in the same room downloaded pornography onto their computer. Although the images were not sent to her, Moonsar was aware of what was going on, and some time after the incident she brought a claim of sex discrimination.

An employment tribunal, relying to a large extent on the fact that Moonsar had not made a complaint at the time of the incident, decided that she had not suffered discrimination.

But the EAT overturned this decision, saying that downloading pornographic material could clearly cause affront to a female employee working in the close environment - whether or not it was directed at her.

This could be regarded as degrading or offensive, and therefore amounted to less favourable treatment and was discriminatory. The fact that Moonsar did not complain at the time was not a defence.

Moonsar v Fiveways Express Transport UKEAT/0476/04