Social media platforms allow us to build connections and share ideas and content more broadly and quickly, with over 4.95 billion people using it. It is therefore not surprising that our employment law experts are seeing a growing number of cases from employers facing employment law issues after employees have posted something inappropriate on social media.
In this article, we explain what employers can do to protect the business from a social media HR headache!
What is a social media policy?
A social media policy is intended to provide guidance to employees when using social media to ensure that content is not posted on behalf of the Company, without the Company’s consent, or prohibiting the use of social media which may adversely affect the company, its employees or damage the reputation of the Company. It makes clear what the employee can say about the organisation, aims to prevent online bullying, and provides provisions to enable the company to monitor social media activity. It is designed to help employees use social media platforms and services responsibly. This is important as it reminds employees that any users aware of their association with the Company, may think that any posts are being sent on behalf of the Company which may damage the reputation of the organisation.
If you already have a policy in place, ensure that your staff are fully aware of its existence, they understand it and realise that there will be consequences if it is not followed and adhered to.
Can an employer take disciplinary action for misuse of social media?
An employer has the legal right to take disciplinary action if a situation arises whereby an employee has written or shared something of a derogatory nature on social media networks relating to the business or its employees, including inappropriate information or photos that may be deemed as;
- bullying, harassment and unlawful discrimination
- defamation (i.e damaging the good reputation of another person or the company)
- breach of data protection laws
- misuse of confidential information belonging to the Company, its clients or suppliers
How to prevent a social media employment law issue
Be vigilant of the risk that social media poses to the workplace and ensure you have a social media policy in place. It’s good practice to remind employees that normal company policies and procedures that apply at work also extend to work related events such as the summer parties. By explaining to your staff what is and isn’t acceptable to post or share and the consequences of not complying, you’re helping to limit the risk of finding yourself managing a social media crisis.
How can Backhouse Solicitors help?
If you need a social media policy drawn up or you are faced with an employment law issue and need expert legal advice, our experienced employment team can help!
Tel: 01245 893400
Email: info@backhouse-solicitors.co.uk
Visit: 17 Duke Street, Chelmsford, CM1 1JU
Or send us a message through the Contact Us page on this website.
