Are workplace bans on personal cellphone use a violation of civil rights?

[GoodWorker32]

For starters, I should mention I am American.

Anyway...the employee I'm training is, to put it lightly, difficult. She has a hard time following all sorts of workplace rules, particularly our employer's rule on personal cellphones. Our employer doesn't want us to use our personal phone for any reason. They don't even want our phone to be sitting on our desk for that matter (if the phone is so much as sitting on your desk, you're using it as far as management is concerned). Strict, I know. However, they make this rule abundantly clear on day one (and they stress on day one that it's a terminable offense).

When I'm in my trainee's workspace, she'll frequently use her personal phone. I politely point out that I'm not a manager, I don't personally care that she's using it, BUT it's in her best interest to refrain from using it (because management could fire her if they caught her). Every single time she makes an excuse though. Her latest excuse really intrigued me. As her phone was vibrating in her purse, she said she has to check it because it could be an emergency. I told her "If management catches you, they won't care how much of an emergency it is." She then replied "That's a violation of my civil rights...so they can go *bleep* themselves."

As difficult as she can be, did she have a point in this instance? Is the total ban on personal cellphone use really a civil rights violation?

[Law Student 6]

Good morning.

Are your currently working in England? As we are more familiar with English and Wales laws.

During working hours it primarily depends on what the company policy for using your mobile phone is. Similarly what is wrote in the contract. If there is an emergency it is advised that their work telephone be given out for easier contact. An employer can completely ban the use of a mobile phone during work hours.

Hope this helps.

[Law Student 6]

Celestine

[Law Student 6]

ULA it seemed to miss you off

[ULA]

GoodWorker32 the initial post from Law Student 6 in trying to establish where you are based is correct as we are in the UK and I have no knowledge of USA employment

[Celestine]

The American Civil Liberties Union would be your best starting point. It certainly is an interesting legal question.
https://www.aclu.org/

[GoodWorker32]

I live in the USA. This was the only internet forum I could find for this topic.

[Celestine]

That’s ok, LegalBeagles has a worldwide reach despite only really covering UK law.
Law is an evolving entity - the situation you describe does sound like a concept which has probably not yet been fully explored. Mobile phones are our lifeline to family and friends while in the work place, but what would have happened 25years ago when we did not have phones with us 24/7.
Yet as society has moved on, grown more technologically advanced yet remote, mobiles have become the lifeline. A worker in an Amazon warehouse probably could not be easily reached via a receptionist or manager. I can think of many modern workplaces where the old contact systems have been eradicated.
I would definitely recommend emailing ACLU for guidance, but don’t be surprised if the concept of a mobile phone being representative of a civil right because it connects to loved ones during an emergency has not been fully explored in UK or US courts. I’d be interested to hear about any existing case law or discussion in this subject.