Employment Law Briefing -Social Networking and the Workplace

I’m just back in the office following our Employment Law Briefing and I’m half way through drawing up a list of action points on the back of it!

The briefing, organised in partnership with Hegarty LLP Solicitors, was on the subject of Social Networking and the Workplace.

We know this is an area of concern for many employers in the city by the huge response we had to invitations.

From my point of view, it is the pace of change on the internet and of social networking platforms that creates so many challenges. And that was echoed by our speaker Martin Bloom, a very experienced employment law expert.

As he said, five years ago, the kind of cases tribunals are dealing with now were unthinkable. People dismissed for posting comments about clients on Facebook, issues over ownership of connections on LinkedIn, cyber bullying of former colleagues on Twitter… even that sentence would have meant very little a decade ago!

Martin touched a chord with many delegates – myself included – when he mentioned the importance of a company having a social networking policy. An internet usage policy isn’t enough.

Every employer needs to have a well thought out, detailed and regularly reviewed policy governing the use of social media at work. This needs to be written into contracts and – vitally – employees need to be trained in it.

The easiest solution may be to ban the use of social networking in work time on work equipment completely. You may also need to consider the rules you wish to set governing people using their personal mobile phones to access Facebook or Twitter, for instance, during their working day.

Of course, in some sectors, the use of such websites is necessary. In those cases, policies need to be even more specific. And again, training needs to reflect that.

Martin discussed a number of cases of inappropriate use of Facebook and emails out of hours – employees discussing clients, employees emailing former colleagues – which had resulted in employment tribunals.

Again, these issues are all relatively new and the law, courts and tribunals are having to evolve around them. Many employers are playing catch up with their staff on this but thought must be given to getting ahead.

I’d be interested to hear the stance other employers take on the use of social networking. Feel free to leave a comment.