Social media: 5 key employment law tips

1. Social media: 5 key employment law tips
Ben Power, Managing Director, Springhouse Solicitors

2. 1. Using social media to select during recruitment may give rise to claims
•Have you ever looked at an applicant’s social media profile prior to their interview?
•64% recruiters have rejected an applicant after viewing their social media profile.
•This makes a claim for discrimination a real prospect if information found on social media is used to reject them.
•The Employment Practices Data Protection Code states that job candidates should be told what vetting and verification methods have been used.

3. •Businesses should make it clear to their staff that any LinkedIn connections (made in the course of their business) is the company’s property.
•Businesses must insist that all connections are handed over to the company as they are made, and at the end of employment.
•The courts have recently supported businesses controlling connections.
2. It is possible to protect your staff’s LinkedIn contacts

4. •Businesses can become liable for the acts of employees if these are done ‘in the course of employment’
•It is important to take steps to prevent comments of your employees. Policies and training should make it clear what standards of behaviour are expected in and out of work.
3. Private posts by staff cangive rise to employment claims

5. •Actions for libel could be brought, but this would be ineffective against low-paid employees.
•However it is often possible to dismiss employees fairly for this reason.
4. You can protect against negative commentsbeing made against your business

6. •Employees may claim that their social media postings are private to them, and that there is nothing their employers can do about it.
•Article 8 of the European Convention on Human Rights enshrines a right to privacy, and Article 10 a right to freedom of expression. Employment tribunals are compelled to apply unfair dismissal law consistently with these rights.
5. Privacy does not necessarily affect
your ability to dismiss fairly

7. Please come along to our Employment Law Update breakfast on 21 October.
Get in touch to confirm your place.
01243 531587
wwww.springhouselaw.com
ben@springhouselaw.com
Any questions?