Social Networking: Employee conduct online
Employment Law & HR update 30/09/2011
Since computers first entered the workplace,
employers have been faced with managing how the hardware is used by
employees and in particular how to restrict its use to
“business-related” activities.
With the emergence of the internet and e-mail,
things got more difficult. Now, social networking sites such as
Twitter, allow users to post their thoughts instantly leaving
employers with even more cause for concern. So what issues are
employers faced with in a fast-changing electronic age, and what
can they do to protect themselves?
What are the legal and HR issues for employers?
The issues faced by employers are wide-ranging
and include: Misuse of company time, Online Bullying, Disrepute and
Defamation, and Privacy Issues.
Misuse of company time
Misuse of company time is perhaps the oldest
problem for employers associated with workplace computers.
Increasing numbers of staff have e-mail and internet access, but
may not always use it for business purposes. At the same
time, online access is increasingly indispensable to businesses of
all sizes.
So how can employers balance the benefit of an
online workforce with the need to get the job done?
Online Bullying
Online bullying may involve workers using
social networking sites to post offensive or threatening comments
about colleagues or managers. Of course, the criminal law
applies, but what rights do you have as an employer to police
personal conduct of your staff outside work?
Disrepute and Defamation
Employees may post material online that is
potentially damaging to the business or that could bring it into
disrepute. They might also post comments about managers and
colleagues that are defamatory.
Whilst employees’ comments on Twitter, may be
similar to what they would say in the pub to friends, unlike spoken
conversations they can be distributed widely and can be
permanent.
How can employers balance allowing staff
“freedom of speech” whilst preventing their business interests
being prejudiced?
Privacy issues
Social networking is not just a one-way
street. Employers can use information posted online, to vet job
applicants, but is such vetting fair on those who make their social
lives public? And does limiting your recruitment to online
candidates discriminate against those who keep their thoughts
private?
Also, employers might use software to
routinely monitor employees’ email and internet usage, but this may
breach data protection laws.
Some practical tips
- Set staff clear guidelines about personal
internet and e-mail use at work and consider installing software
that restricts internet access.
- Update disciplinary policies and code of
conduct to include rules on electronic media use and employee
conduct online
- Consider developing a distinct policy on the
use of social networking sites, that makes clear your expectations,
and the potential disciplinary sanctions, whether the activity
takes place in business time or not
- Don’t overreact to employee’s social network
comments... Employees are increasingly communicating online and can
say things that employers prefer them not to. But there is a
constantly changing line between what is deemed legally acceptable
and what amounts to serious defamation so always take advice before
taking action.
- Don’t be too curious about your employees, or
job applicants behaviour outside work. They have the right to a
private life and those not online ought to be considered when a job
vacancy comes up too!
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and already subscribe to
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