Whatever their approach, employers need to understand the potential impact of worker use of the likes of Facebook, Twitter and YouTube on their business, and take appropriate measures to protect themselves. As XpertHR explains, this includes putting in place a robust social media policy.

 

 

As the starting point, employers need to be aware of the problems that can arise from use of social media by their workforce. These range from liability for defamatory comments, to vicarious liability for discrimination. 

 

Critical commentary about clients or competitors in employee-penned social media posts has the potential to result in a successful defamation claim against the organisation from the injured party, while abusive postings about colleagues are likely to constitute “cyber-bullying”. And where the bullying relates to a protected characteristic such as race or sexual orientation, the employer should be prepared for the possibility of a discrimination claim.

 

But the potential consequence that can be most difficult and expensive to rectify is the damage to the organisation’s reputation or brand that is likely to result from a disgruntled employee’s online comments. 

 

 

Of course, employees have always moaned about work and their employer over a pint in the pub. In general, this has been unlikely to cause much harm: there is only a slim chance that the employer will find out, and any damage is likely to be minimal.

 

But if equivalent comments are posted on Facebook, they have the potential to reach a much wider audience, with a corresponding dramatic increase in the potential for damage. And once something is “out there” on social media, it is virtually impossible to contain. Information is rapidly disseminated – usually beyond the control of the employee, never mind the employer.

 

As there is no recognised etiquette for the personal use of social media in connection with employment, employers need to be proactive in setting their own standards.

 

 

A well-drafted social media policy can be used to educate the workforce about acceptable social media practices, and reduce the chances of inappropriate material being posted in the first place. What one employer will be happy for its employees to post on Facebook or tweet, another will not – this will depend on the industry and organisation in question. But a failure to lay down rules about social media will result in uncertainty for workers about where to draw the line and a lack of understanding about the possible consequences of their actions, both for the business and themselves. 

 

 

Having a social media policy in place not only discourages ill-judged online behaviour, but also empowers employers to take action where necessary. Where they fail to set out social media guidelines, imposing disciplinary sanctions for what they view as inappropriate use is likely to result in problems. Employers may struggle to show that an individual knew that his or her actions constituted misconduct and consequently might result in disciplinary sanctions.

 

At the very least, lack of a clear policy could result in inconsistencies in treatment, and ill-feeling and resentment among staff. However, employers also need to remember that any dismissal for posting inappropriate comments could well result in an unfair dismissal claim in the employment tribunal. In the absence of a clear policy on social media use, and importantly one that has been brought to the individual’s attention, the employer is likely to face an uphill battle to convince the tribunal that it acted reasonably. With the maximum compensatory award for unfair dismissal set at £68,400, this is not something employers can afford to take lightly.

 

 

XpertHR provides an extensive range of online employment law tools covering line manager briefings, policies and documents, good practice guides, benchmarking data, interactive workflows and much more.

 

All XpertHR content is researched and created by the country’s largest HR editorial team of over 75 editors, lawyers and industry experts, to ensure your organisation can confidently remain legal and compliant.

 

Let us show you how XpertHR can immediately benefit your organisation; request a demo today.