Partner Sue Dowling, in our Employment Law team, explains how we can advise employers on their social media and related policies.
With social media very much a part of everyday life, perhaps unsurprisingly, we are seeing more and more cases in the Employment Tribunal relating to social media activities – in particular where employees (in or out of the workplace) have been involved in posting negative comments online that have the potential to cause damage to their employer.
Cases are often widely reported in the media, resulting in further reputational damage. And employees who have been dismissed in such cases often succeed in a claim of unfair dismissal, even where their actions have been derogatory or potentially damaging.
So how can you minimise any risk to your business? We recommend the following:
Adopt a social media policy
The first line of defence and point of reference for any organisation should be a meaningful social media policy which provides employees with clear guidance on their employer’s expectations. This can either be incorporated into an employee handbook or used as a standalone policy. A social media policy should be regularly reviewed and updated to ensure it remains relevant and protects the employer.
Establish guidelines and provide training
All employees who use social media as part of their role should be provided with relevant training and clear guidelines to minimise the risk of future issues.
Protect confidential and proprietary information
Employees should receive training on the consequences of disclosing or misusing confidential information or other protected content online, including guidance on intellectual property and data protection.
Prevent harassment and bullying via social media
References to social media should be included in anti-harassment and anti-bullying policies and in any training offered to prevent work related harassment. A recent Australian case recently held that unfriending a colleague on Facebook could contribute to workplace bullying. Employers should make sure the corporate response to harassment (sexual or otherwise) and bullying through social media is consistent with the response to harassment and bullying in other contexts.
For further information or legal advice, please contact law@blandy.co.uk or call 0118 951 6800.
This article is intended for the use of clients and other interested parties. The information contained in it is believed to be correct at the date of publication, but it is necessarily of a brief and general nature and should not be relied upon as a substitute for specific professional advice.
