Understand the legal aspects behind employee use of social media. In this chapter, we discuss the theory behind confidential information and who owns it. We have included real-life examples to explain how it legally works. We include the checklist you should follow to ensure your policies are clear and protect your business.

1. By Howat Avraam Solicitors
Understanding
the legal
aspects behind
employee use of
social media
Chapter 3 – Protecting Confidential Information

2. Introduction
• Social Media: the new normal; everyone is using it, but it
can have pitfalls in the work environment and legal cases
frequently occur
• Previous legal cases are defining what you should and
shouldn’t do as an employer
• Learn about real-life legal cases, and receive clear
checklists for action within your own workplace
• Undoubtedly employers with clear policies and contractual
terms are better placed to protect their business
Experienced | Business Focused | Responsive

3. Chapters
1. Misuse of Internet and Emails
2. Disciplinary action and Social Media
3. Protecting Confidential Information - TODAY
4. Social Media and Recruitment
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4. Who owns confidential
information?
CHAPTER THREE
Examples:
1. Contacts
2. Passwords / Logins
3. Social media job
information &
solicitation
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5. Example 1:
Contacts
A contacts list kept by a journalist on his/her employer’s
computer system (on outlook) was deemed to belong to
the employer
Penwell Publishing (UK) Limited v Ornstein [2007] IRLR 700
…But what if an employee retains contacts in a social
media account in a personal capacity?
Experienced | Business Focused | Responsive

6. Example 1:
Contacts (migrated to personal
account)
Real-life example: An employee deliberately migrated
their employer’s data to their social media account
Court decision: Contact details obtained during the
course of employment remain the property of the
employer
Hays Specialist Recruitment (Holdings) Ltd v Ions [2008 IRLK904]
Experienced | Business Focused | Responsive

7. Example 2:
Login details
Ensure employees responsible for managing social media
accounts are obliged to release passwords/logins on
termination.
Real-life example:
• 3 employees resigned to undertake a competing business
• 1 employee used Whitmar’s LinkedIn group for a press
release of the new business
• Refused to release password to Whitmar
• Court: Injunction preventing ex employees from
working on new business
Whitmar v Gamage & Others [2013] EWHC 1881
Experienced | Business Focused | Responsive

8. Example 3:
Job solicitation while employed
Does updating profile on LinkedIn when changing jobs
amount to solicitation?
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9. Example 3:
Job solicitation while employed
Depends on:
1. Precise nature of communication
2. Content
3. Intent behind communication
Taylor Stuart v Croft (unreported)
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10. Example 3:
Job solicitation while employed
Real-life example:
• Barber left to become a self-
employed hair stylist
• There were non-solicitation
restrictive covenants in
contract
• Barber advertised new
business on Facebook page.
Friends included former clients
Experienced | Business Focused | Responsive
Sean Hanna Ltd v Barber [2015] EWHC 3113
Court found for Barber: unlawful restraint of trade to prevent
former employee advertising new business on Facebook

11. Who owns Confidential Information?
Include express provisions in Employment Contract to protect confidentiality and non-
solicitation
Specify whether or not social media can be used for business purposes
Explicitly reference contacts kept on social media accounts including LinkedIn
Require employees to return full list of contacts for business purposes including ones on
LinkedIn
Require employees to replicate contacts on social media on employer’s own database
Take steps to set up your employee’s LinkedIn account (e.g. company email address) and
maintain account using employer’s systems
Express duty to promote employer’s business and develop connections in furtherance of
employer’s interests
Impose ban on updating LinkedIn during garden leave and tailor restrictive covenants to
deal with LinkedIn issues

12. Remember: Social Media is the new
normal
Your staff
Your boss
Your friends
Your family
New apps and
uses every day
It’s not going
away

13. Who we are
Niki Avraam, Founding Partner | Tel: 020 7884 9700 |
Email: niki.avraam@hasolicitors.co.uk | howatavraamsolicitors.co.uk
This Seminar is presented by Howat Avraam Solicitors.
We are commercial, employment and dispute resolution specialists. We focus
on law for businesses, and our clients appreciate our straightforward,
practical and commercial approach.
“As a firm they are astute, commercially aware people who demonstrate care
and professionalism in all that they do.”
For more information or advice on how we can help your business today,
please get in touch.