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7 things employers must know about social media
Our research reveals that 80% of employers have concerns about how employees use social media. And in our opinion, rightly so.
Social media usage affects all businesses, regardless of size or sector. Whether your employee is using social media at work or at home, your organisation can be exposed to numerous risks. Manage these risks effectively by following our seven things you must know about social media.
1. Recruitment
Employers want to know as much as they possibly can about prospective employees. As such, it’s becoming increasingly common to scour individuals’ Facebook or Twitter accounts as a way of screening candidates.
However, you should take care when carrying these pre-employment social media checks. The ICO states that an employer should “only use vetting where there are particular and significant risks involved to the employer, clients, customers or others, and where there is no less intrusive and reasonably practicable alternative”.
If you have a justifiable need to complete such checks, it’s best to let the candidate know in advance. You should also give them a chance to respond to any information you come across, and make sure that you are relying on accurate information to make an informed decision.
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2. Vicarious liability
Actions that occur outside of work could be the responsibility of the employer if there is an underlying unlawful act (such as harassment, bullying, violence or discrimination) which is considered to have occurred ‘in the course of employment’.
Make sure that all staff are trained up in anti-harassment policies as this gives you the best defence if you end up facing a claim.
3. Bullying and harassment
Another potential concern for employers regarding social media is the possibility of receiving grievances from employees or complaints from customers about specific posts, tweets, or pictures that constitute bullying or harassment. Such actions may be deemed as gross misconduct, potentially leading to the dismissal of the individual responsible.
Make sure you have a clear policy about what constitutes bullying and harassment and refer to this with your social media policy. Be sure to follow the policy when taking action as this will help you justify the outcome.
4. Scrolling during work hours
Social media can be a distraction, and employers are within their rights to prohibit personal usage of social media during working hours.
However, before you dismiss an employee for misconduct, make sure to carry out a fair and reasonable investigation. Remember that you should be consistent – don’t let one employee off and take action against another.
5. Reputational issues
Employee’s social media post can badly affect your organisation’s reputation. However. case law has cautioned employers from over-reacting in these scenarios.
Accordingly, in situations where you believe an employee’s online activity has cast your company in a bad light, be sure to consider whether there has been a real risk of reputational damage, whether there is proof, and whether there is a sufficient work-related link.
6. LinkedIn
You may have concerns about employees using social media sites such as LinkedIn to poach clients and contacts after they leave your employment. To protect your business against such situations, you may find it necessary to include specific clauses in your employees’ contracts regarding their use of LinkedIn and other networking sites.
Other ways to protect your interests include restrictive covenants or settlement agreements if you feel you need more control over post-employment updates on LinkedIn. Make sure you take advice when drafting these.
7. Social media policy
A comprehensive social media policy is essential in today’s digital age. The policy should not only govern social media use but also encompass guidelines for computer use, internet use, and email etiquette.
Within your social media policy, it’s important to clearly outline both expectations and consequences. In other words, you should outline what constitutes appropriate and acceptable use of social media platforms and the consequences should an employee breach these parameters. Note that any guidelines imposed on employees’ personal social media use should strike a balance between the organisation’s interests and employees’ right to individual expression and privacy.
To ensure effective implementation and prevent issues, it’s essential to communicate this policy to all employees and provide regular training to help them understand and adhere to these guidelines as social media evolves.
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Whether you’re dealing with an employee who has overstepped the mark on social media, need help crafting a robust and legally-sound social media policy, or want to enhance managers’ proficiency in handling social media issues through expert training, WorkNest can help you to navigate these challenges confidently and compliantly.
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