Sir – Like it or not, we have become a voracious and litigious society, ready to sue at the drop of a hat (or upon the sending and receiving of a suitably offensive e-mail).

I say ‘suitably offensive’ with some degree of authority, having spent over two years carrying out e-mail audits for Human Resources directors who sadly became aware of the true cultural depths within their own organisations.

With the utmost respect and sympathy to those who are genuine victims of racial and sexual harassment through the medium of e-mail, I must draw attention to the abuses I witness on an almost daily basis. Knowing that your employer has a Duty of Care to protect you against any form of injury in the workplace – be it physical or emotional – offers a rich picking ground for those who selectively choose to be offended by the content of an e-mail. Not surprisingly, this usually coincides with a subsequent decision to move on and explore other opportunities.

Litigation – or the threat of legal action – has become something of a financial game for the wise and well-informed who understand the essential definition of legal liability (ie the real meaning of Duty of Care). These people are acutely aware that their employer would prefer to settle out of Court rather than risk tabloid interest and the consequent reputational damage of the company being classified as ‘institutionally racist’ or ‘condoning sexual or racial harassment’. This cultural climate of litigation leaves no room for error on the part of company directors, for whom ignorance is no longer bliss, nor an excuse.

From the seemingly innocent soft porn joke through to racial insult, the e-mail landscape within the workplace is littered with invisible pitfalls for company directors. Despite reassurances that investment in content filtering software will secure the integrity of the organisation, most directors still have no visibility of the risks associated with employees’ e-mail usage.

It’s a situation that must be changed, and sooner rather than later.

Sean O’Reilly, Director, AfterMail (UK)