What are the issues for employers?• Recruitment• Time wasting• Bullying and harassment• Discrimination• Human rights• Reputational damage• Disclosure of confidential information• Breach of copyright• Policies• Conclusion
Recruitment• Checking up on candidates – Facebook – Linked-In – Twitter – Blogs• Discrimination
Time wasting• Fall in productivity• Monitoring usage – clear policy – Investigations• Options – ban usage? – restrict usage? – policies
Human rights?• More relevant to public authorities• But – ET’s obligations• Has privacy been waived?• Inform employees of monitoring that will be undertaken
Reputational damage• Comments posted on Facebook, Twitter, Blogs• Comments sent by e-mail or in-mail• Simply a different method of publication?
Confidential information• Posted on Facebook, LinkedIn, personal website• Use of restrictive covenants• Policies – is LinkedIn encouraged at work?
Breach of copyright• Photos, documents, videos posted on social networking sites• Breach of employer’s copyright• Breach of third party’s copyright• Ensure appropriate rules/guidance in place
Policies• What should a social media policy cover? – rules about accessing social media – information about monitoring – home/work boundaries – requirement to insert disclaimers – views expressed are not those of the employer – network security – use of social media for business reasons – link to disciplinary procedures• Amendment to other policies
Conclusion• Currently very little case law• Importance of policies• Evidential difficulties• Don’t let the technology get in the way!
Any Questions?Louise ConnacherDirector & Head of EmploymentLupton Fawcett LLPYorkshire House, East Parade, Leeds, LS1 5BDEmail: email@example.comTel: 0113 280 2108Fax: 0113 280 2163 http://uk.linkedin.com/in/louiseconnacher @LouiseConnacher