Social Networking
Employment Law & HR update 25/05/2012
Employers used to face the problem of staff misusing company
computers for their own purposes. Data protection and systems
misuse policies are now familiar ways of dealing with that.
But the rise of social networking sites and social media
generally presents employers with different problems. For a start,
they are not necessarily dealing with misuse of business property,
systems or even time – because much social networking takes place
on employees’ own laptops or phones, and outside business hours.
And the “viral” nature of social media can mean that comments
between close friends become much more widely distributed and can
be damaging.
The law is still developing, and often lags behind social
expectations, but what is clear is that employers need to adapt to
deal with issues caused by social media.
Nick Soret, Head of Employment Law & HR
Consultancy Support at
RBS
Mentor, explains
,"Social media is developing so quickly that in our experience
employers are constantly having to play a game of ‘catch up’ to
deal with the implications. It's no longer misuse of company
equipment that's the problem – it's dealing with employee
behaviour, which happens on their own devices and often in their
own time. And we are then into the vexed issue of how much control
it is reasonable for employers to exert over people when they are
not at work. The law is developing fast, but it's important
employers' procedures and rules keep up.”
To help with this,
RBS
Mentor provides a list
of possible issues and how you might deal with them:
Misuse of company time – where social networking is done
during business hours or on company equipment. As an
employer, you need to make it clear that social networking must not
take place on company systems or in company time.
Harassment or bullying of fellow employees – where other
employees are made objects of ridicule or abuse on social media
sites or via Twitter. Employers have a duty to protect
their employees from harassment at work, and this duty can extend
to activities outside work. Make it clear that online abuse and
harassment of fellow workers will be treated as a disciplinary
offence. Investigate allegations of online bullying or harassment
if they are brought to your attention.
Bringing the company into disrepute – where social media
is used to make derogatory or damaging remarks about the
company. Remind employees of their duty to act in good
faith and their responsibilities not to seek to damage the
company’s business. Make it clear that disciplinary action will be
taken where damaging remarks or postings are found to have been
made. However, the legal dividing line between what is acceptable
tittle-tattle and what amounts to serious defamation is a fine one
that’s constantly shifting, so always take advice before you take
action.
Privacy and human rights – the other side of the coin,
where employers check out their employees’ online activities, or
use software to find postings which identify the company.
While such information can be valuable, take care when using it as
a basis for disciplinary action or refusing a job to a new
applicant. Employees are entitled to a private life and the mere
mention of the company’s name does not necessarily mean any damage
has been caused.
DOWNLOAD OUR FREE SOCIAL MEDIA
POLICY TEMPLATE
To help your business establish a clear social media
policy, download this
free social networking policy template from
RBS
Mentor.
For details on how
RBS
Mentor could help your
business in situations like this and many others, contact us today. If you
already subscribe to Mentor, please call the Advice
Service.
Next story - Tree felling death sees
employer fined
Previous story - 'Red Tape Challenge'
negatively affect environmental protections