Can your boss ban mobile phone use at work?

Is your mobile phone your lifeline – a way to stay connected with friends, family, and the wider world? If it is, what happens if/when your employer tells you not to use it during working hours? Can they restrict or stop you?

The short answer is yes, but the full answer is not quite as straightforward as that. We’re talking here about using your own mobile phone (or possibly one belonging to your employer) for personal reasons, when you’re supposed to be working, whether you’re working at your employer’s premises or remotely. Read on to find out more!

Why may your boss want to ban or restrict your mobile phone use?

The reasons why your employer may want to ban/restrict your personal mobile phone use are likely to relate to one or more of the following:

• Productivity: Employers pay you to work, not to scroll through TikTok or chat with your mate about last night’s football match. If you’re distracted by your mobile phone, your work could suffer.
• Safety: In some workplaces, like factories or construction sites, using a mobile phone could put you or others in danger. Similarly, even when working remotely, certain tasks might require your undivided attention to maintain safety standards.
• Confidentiality: If you work with confidential or sensitive information, your employer might worry about data breaches or accidental leaks through your personal device.
• Customer service: In public-facing roles where you have in-person interactions, being on your personal mobile phone looks unprofessional and prevents you from giving the customer your full attention. It also detracts from virtual customer service  if you are working remotely.

Restrictions on mobile phone use on your employer’s premises

Below are some examples of restrictions on mobile phone use that may apply when you’re working at your employer’s premises. They are typical of the kinds of restrictions that you might find in your company’s workplace mobile phone policy which may require you to:

• Limit use during working hours: For example limit use to breaks, lunchtimes, or emergencies so as to minimize disruptions.
• Use designated areas: Use your mobile phone in a designated break area or outside office spaces in order to avoid disturbing colleagues and to maintain a professional environment.
• Use silent mode: Keep your phone on silent or vibrate mode to prevent audible distractions during meetings, presentations, or collaborative work.
• Respect workspaces: Don’t use your personal phone in shared workspaces or areas where concentration is required unless absolutely necessary.

Restrictions on mobile phone use when working remotely

Similarly, if you’re working remotely, you may be asked to restrict your mobile phone use and to:

• Maintain productivity: by ensuring that your phone use doesn’t hinder work performance or lead to excessive time away from job duties.
• Schedule mobile use times: by allocating specific times for personal phone use, so as to balance work and personal responsibilities effectively.
• Secure your environment: by using personal devices in a secure/private environment to protect company information, particularly sensitive data.
• Use your phone appropriately: don’t use your phone for non-work-related activities that could lead to distractions, such as social media browsing or gaming.
• Comply with company policies: by adhering to your company’s mobile phone policy and other policies regarding data security, privacy, and acceptable use when accessing company resources from personal devices.

What does UK employment law say about mobile phone use at work?

Under UK law, there’s no specific rule that says your employer can or can’t stop you from using your mobile phone at work for personal reasons, whether on-site or remotely.

However, the general principles of employment law apply. For example, those relating to:

Your contract of employment

Your employer has the right to include rules about mobile phone use for personal reasons in your contract of employment and/or by way of a company policy on mobile phone use.

If you’ve agreed to these terms when you started the job, then you’re generally bound by them. If your employer suddenly introduces a new rule about mobile phones, they should consult with you first or notify you of the change.

Reasonable management instructions

Under the Employment Rights Act 1996, your employer can give you what’s called “reasonable management instructions”. So, if instructions to limit mobile phone use are reasonable, and providing they don’t single you out unfairly, they are probably lawful.

Health and safety

The Health and Safety at Work Act 1974 means your employer has to keep you safe at work. If they’ve banned mobile phone use in certain areas because of safety risks, that’s probably a fair restriction, wherever you’re working.

Your breaks

Under the Working Time Regulations 1998, you’re entitled to at least a 20-minute rest break if you work more than six hours a day. During this time, your employer shouldn’t try to restrict you from using your mobile phone unless there’s a good reason (for example, you’re working in a secure environment where phones aren’t allowed).

What if you ignore the rules?

If you break workplace rules, your employer can take disciplinary action against you. The consequences depend on how serious they consider the breach to be.

Use of your mobile phone in a genuine emergency would be forgivable and a quick glance at your phone might result in an informal reminder about your organisation’s mobile phone policy. However, if you constantly text or interact with social media, that kind of use could lead to formal disciplinary action, especially if it adversely affected your work.

Employers must follow a fair process in any disciplinary action. This means they can’t just fire you on the spot for using your mobile phone – unless of course you’ve done something extreme, like leaking confidential information!

What next?

Whether your problem at work relates to your phone use or anything else, get in touch with Monaco Solicitors if you’d like friendly and professional advice from an award-winning team of specialist employment law solicitors. We only work with employees, so we understand where you’re coming from!

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