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Can employers screen job applicants using social media?
Written on 7 June 2024
Social media can be a valuable tool for employers to research prospective employees – it often provides more information than what’s included in a CV and offers insights into their personality and potential fit within the organisation. Indeed, applicants also review corporate social media profiles to gain insight into the company’s culture and business.
But if this is common practice at your organisation, there are certain risks to be aware of.
Are you discriminating?
The main risk that arises from an employer using social media during the recruitment process is the risk of claims of unlawful discrimination.
By law, it is not permissible to discriminate, either directly or indirectly, because of the ‘protected characteristics’ specified in the Equality Act. These protected characteristics are age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex, and sexual orientation.
These provisions don’t just apply to employees; applicants are also protected from being discriminated against during the recruitment stage. It is therefore essential that any information you obtain when looking through an applicant’s social media profiles is not used in a discriminatory way.
For instance, numerous pictures of the candidate with children should not lead you to assume that they will be unable to juggle family and professional life effectively. Equally, do not presume that because their tweets show that they practice a particular religion that they will be unable to ‘fit in’ to your company and get on with managers and colleagues.
If you do not offer an applicant the role based on any of the protected characteristics, the applicant may make a claim to an Employment Tribunal on the ground of discrimination.
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Is the information you find accurate?
Another risk is whether the information that people post or upload to their social media accounts is entirely accurate. Ask yourself:
- Has the person created a profile just for employers to see and to feed a particular image?
- Do the half a dozen pictures or few tweets you can see accurately represent the person?
- Are you 100% sure that you have found the right person?
- Is the information up to date, or has their profile been dormant for some time?
Are you using professional or personal profiles?
LinkedIn, for example, may be useful when screening candidates as it is considered a professional platform. Generally, individuals include their work history with a summary of each role, outline their key skills, and specify their qualifications, so it can be a good tool for an employer to verify someone’s CV.
However, platforms such as Facebook, Twitter or Instagram are much more personal in nature and focus on connecting with friends and family. Will you find relevant information about their professional experience or how their skills lend themselves to a role by looking through their summer holiday pictures or reading banal chit chat between friends?
Remember, you should not use social media sites to stalk candidates or ‘dig up dirt’ on them; you should be looking for targeted, relevant information that helps you consider their suitability for the role they applied to.
Are there privacy or data protection concerns?
Some applicants may feel that their privacy has been invaded if social media searches have been conducted without their knowledge. However, employers argue their profiles on these websites are in the public domain, it is the individual’s responsibility to manage their privacy settings, and it is their choice what information, photos and opinions they share.
At present, it is not clear how far a ‘right to privacy’ applies in respect of social media. However, the CIPD advises that to avoid the risk of legal claims, you should make applicants aware that you may carry out searches on their social media accounts. The applicant should also be given the chance to make comments on the accuracy of any discoveries you make, where those findings are part of the decision-making process.
It should also be remembered that information obtained through social media may also be subject to employers’ obligations under the Data Protection Act 1998. The Information Commissioner’s Office has issued guidance on pre-employment vetting (see pages 23 to 25).
Am I missing out on good candidates?
Remember, simply relying on the information you have found on social media could mean you are missing out on the best candidates in the market. Employers should instead focus on assessing an applicant’s suitability for the job and explore the areas set out in the job description, person specification, and application form. Avoid any questions or making judgments on matters that are simply not relevant to the job’s requirements.
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Need advice?
From avoiding discrimination during the recruitment process to addressing an employee’s social media activity inside or outside of work, WorkNest’s Employment Law and HR experts are here to help you manage social media related matters effectively and compliantly.
What’s more, we can provide you with a robust and legally-sound social media policy and deliver impactful management training to help your organisation set clear guidelines and proactively prevent these issues before they arise.
To discuss your specific needs and see how we can support you, call 0345 226 8393 or request your free consultation using the button below.
