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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.

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