Social media policies in the workplace
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James Tait explores social media in the workplace – why does it concern employers?
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Social media policies in the workplace
- 1. Social media in the workplace In house lawyers forum – autumn 2013
- 2. • why does it concern employers? – vicarious liability – business reputation – confidentiality – data protection
- 3. • an accepted principle - behaviour outside work can justify • disciplinary action if there’s a sufficient connection with work
- 4. • Eggleton v Kerry Foods Ltd UKEAT/938/95 – potentially fair reasons for dismissal (s.98(2) ERA 1996) can apply to conduct outside of work – question is does the conduct affect the employment? • this principle is equally applicable to the social media age
- 5. Comments made on social media outside of work • Smith v Trafford Housing Trust [2012] EWHC 3211 (Ch) – comments made on Facebook about gay marriage – employer breached contract by demoting
- 6. Comments made on social media outside of work • Teggart v TeleTech UK Ltd NIIT 00704/11, 15 March 2012 – comments made on Facebook about promiscuity of female colleague – dismissal for gross misconduct was within range of reasonable responses
- 7. Common themes in case law? • policies need to cover what conduct will be misconduct / gross misconduct – make employees aware
- 8. Common themes in case law? • are views expressed on Facebook ‘private’? – Teggart v TeleTech – Crisp v Apple Retail (UK) Ltd ET/1500258/11 • has your reputation really been damaged? – Crisp v Apple Retail
- 9. • Walters v Asda Retail Stores Ltd ET 2312748/08 • illustrates the importance of a well drafted social media policy
- 10. • can you really control what your employees do? • no, but you can make them think twice • you can block social media access on workplace networks, but employees still have smartphones and the cases we have heard about involved activity outside of work hours
- 11. What can you do? • check your policies – do you have a social media policy? – is your disciplinary policy up to date? – do your other policies refer to social media – e.g. anti-harassment and bullying policy
- 12. What can you do? • during an investigation – retain your evidence – screen shots
- 13. • your policy should include – cross references to other relevant policies, eg IT policy; anti-harassment and bullying policy; data protection policy – clarification of rules on personal use – limited or entirely banned? – rules on monitoring – rules on acceptable use of social media
- 14. • your policy may include – how social media may be used for the business – marketing; use of LinkedIn – using social media searches in recruitment
- 15. Get in touch if you have any questions or would like further information. t +(0) 121 237 3999 e james.tait@brownejacobson.com