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Social Media in the Workplace
William fry
employment
report 2013
CONTENTS
• 	 Foreword
• 	 Key Findings
• 	 Recruitment
• 	 Ownership
• 	 Productivity
• 	 Brand Protection
• 	 Disciplinary Issues
• 	 Social Media Policy
• 	 About the Research
• 	 About William Fry
Welcome to the William Fry Employment Report 2013
which focuses on social media in the workplace.
Social media platforms such as LinkedIn, Facebook and
Twitter have revolutionised communication. There have
been many reports on social media in the workplace
internationally, but the Irish workplace has not been
extensively reviewed. We commissioned a survey to gain
an insight into how social media is being used in the
Irish workplace. The survey was conducted with 200
Irish based companies, both domestic and international,
and 500 employees.
The purpose of our report is to help employers manage
social media in the workplace effectively by pre-empting
and avoiding potential employment issues.
The overriding message for employers is the need to
implement a social media policy tailored to the needs
of their organisation, to review that policy regularly,
to ensure that employees are aware of the policy
and understand how it affects them and to enforce
it consistently.
We hope you find this report interesting and informative
and we welcome your feedback.
Alicia Compton
Employment & Benefits Partner
Phone: + 353 1 639 5376
Email: alicia.compton@williamfry.ie
Catherine O’Flynn
Employment & Benefits Associate
Phone: + 353 1 639 5136
Email: catherine.o’flynn@williamfry.ie
FOREWORD
This survey examined a number of areas arising from the use
of social media in the workplace, including its importance in
the recruitment process, its effect on productivity, disciplinary
issues and ownership of social media accounts and their
contents.
Our findings show that evidence on social media of bad
language or discriminatory views of job candidates influences
employers’ decision to hire. In relation to Recruitment we
consider the extent to which employers can screen the online
activity of job candidates.
Candidates are protected by the Employment Equality
legislation which prohibits discrimination on nine specific
grounds such as gender, sexual orientation, age and race.
An employer who checks the profiles of candidates on social
media platforms could be liable under this legislation if a
candidate can show that the reason he/she was not offered
a job was connected with material relevant to one of the
nine grounds and seen by the prospective employer on the
candidate’s social media account.
A key emerging challenge for employers is the Ownership of
social media accounts and/or contacts on those accounts.
The most significant challenge is what happens to work-
related contacts when the employee leaves the organisation.
61% of employees have work-related contacts on their
personal social medial accounts yet only 3% of employers
know what work-related social media contacts their employees
have. The question of ownership should be dealt with as early
on in the employment relationship as possible.
We also examine issues around productivity and whether
access to social media sites during work hours decreases
Productivity. While 47% of employees believe that access
to social media during working hours decreases productivity,
only 38% of employers agree. Issues regarding employee
productivity relating to the use of social media should be
treated in the same way as any other underperformance issue,
such as, by putting a performance improvement plan in place.
Businesses are turning to social media to enhance and
strengthen their brand. Social media facilitates online
relationships with potential customers or clients. To ensure
Brand Protection, employers should set out clear guidelines
on communications on social media and specify how
employees should report negative comments made about
the organisation.
Disciplinary Issues arise in connection with employees’
social media activity. Although 51% of employers and 40%
of employees say that activity on social media should be
treated differently if it takes place outside working hours,
the same considerations apply regardless of when the activity
takes place.
Employers may be held vicariously liable for acts of bullying
or harassment of employees carried out by their colleagues on
social media sites, even if the comments are posted outside
of working hours. It is not a defence for an employer to say
that those acts were carried out without their consent or
knowledge. It will be helpful to a defence, however, to show
that the employer took practical steps to prevent the act
complained of. A clear and comprehensive social media policy
which deals with appropriate conduct is key.
We have set out best practice for putting in place a Social
Media Policy and list the issues which should be addressed
when preparing a Social Media Policy. A social media policy
should be a considered policy which meets the needs of the
organisation to which it applies. It should cross refer to other
relevant HR policies. Given the speed of developments in this
area, the social media policy should be updated regularly and
effectively communicated to all employees.
key findings
- 4 -
RECRUITMENT
Our survey results indicate that employers
are influenced by evidence on social media
of discriminatory views and bad language
when it comes to job applicants. Social media
undoubtedly provides a significant resource
for recruiters in terms of sourcing candidates
but is it acceptable to use social media to
screen candidates?
Social media screening has become an issue
in other jurisdictions to the extent that several
US States have enacted legislation prohibiting
employers from requesting login details of the
social media accounts of job applicants.
There is no legislation prohibiting an
employer requesting login details in Ireland.
However, when an employer reviews a job
candidate’s social media accounts, two
issues should be considered.
Firstly, candidates are protected by the
employment equality legislation which
prohibits discrimination on the nine grounds
of gender, civil or family status, sexual
orientation, religious belief, age, disability,
race or nationality or membership of the
Traveller community. An employer could
be liable under equality legislation if a
candidate can show that the reason he/she
was not offered a job was connected with
material relevant to one of the nine grounds
and seen by the prospective employer on the
candidate’s social media accounts.
• If reviewing a candidate’s social
media accounts forms part of
an organisation’s recruitment
process, let candidates know
that this will take place, explain
what form it will take and why it
is considered necessary having
regard to the nature of the job.
• Ensure that information sourced
from social media is obtained
and retained in accordance with
data protection requirements.
• Ensure that any decision not to
recruit an individual is not based
upon any of the discriminatory
grounds covered by the
employment equality legislation.
Best Practice
86%
of employers say the use
of bad language on a
candidate’s social media
account would affect their
decision to hire
that candidate.
81%
of employers say they
would be put off by
inappropriate photos/
videos on a candidate’s
social media account.
82%
of employers would be
negatively influenced by
discriminatory views on
a candidate’s social
media account.
Secondly, data protection legislation and
guidance issued by the Data Protection
Commissioner suggests that employers must,
at a minimum, advise candidates that online
screening will take place, explain what form
it will take and why screening is considered
necessary having regard to the nature of
the job. Other data protection obligations,
including how a candidate’s personal data
gleaned in the screening process should
be stored and protected from unnecessary
dissemination must also be considered.
Screening
The UK’s first Youth Police and
Crime Commissioner, Paris Brown
(17), recently resigned from her post
following criticism of messages posted
by her on Twitter when she was aged
between 14 and 16.
The Police and Crime Commissioner
responsible for recruiting Ms Brown
has been criticised for not carrying
out checks on social media before
Ms Brown’s appointment. The
Commissioner has suggested that
such checks are likely to be part of
future recruitment processes.
- 5 -
OWNERSHIP
Ownership of social media accounts, and of
the contacts, friends or followers on those
accounts is an emerging issue for employers.
As the economy recovers and movement
increases within the job market these issues
will arise more frequently.
Customer or client facing employees often
set up social media accounts to reinforce
customer/client relationships and may be
encouraged to do so by their employer.
Employees can amass a significant number
of contacts, friends or followers on social
media accounts. Who owns those work
related contacts and social media accounts
and what happens to them when the
employee leaves the employment.
An employer cannot claim ownership over all
work related contacts simply because they are
work related. Disputes between employers and
employees regarding ownership of social media
material are governed by contract and common
law principles developed through case law.
There is no Irish case law on this issue to date,
however developing UK and US case law may
indicate the approach the Irish courts will take.
WHOSE CONTACT IS
IT ANYWAY?
The leading UK case involving
ownership of LinkedIn contacts is Hays
Specialist Recruitment (Holdings)
Limited v Ions (2008). Mr Ions left
Hays to set up a rival agency. Hays
suspected that Mr Ions was using
confidential information concerning
clients and contacts which he had
copied to his LinkedIn account during
his employment. A search of Mr Ion’s
e-mail account revealed that, during
his employment, Mr Ions had invited
two existing clients of Hays to join his
LinkedIn network.
When deciding on the claim brought
by Hays for breach of contract the
Court considered that an employee
recording client contact details
with a view to their future use in a
competing business was potentially a
breach of the employee’s employment
of employers allow
employees to store
work related contacts
on their personal social
media accounts.
8%
of employers know what
work related contacts their
employees have on
their personal social
media accounts.
3%
61%
of employees have work
related contacts on
their personal social
media accounts.
obligations. Essentially, while an
employer may authorise employees to
gather contact details on their LinkedIn
accounts that information is confidential
information, and remains the property
of the employer. This illustrates the
distinction between ownership of a
LinkedIn account and ownership of
the information contained within
that account.
The Court directed disclosure of those
contacts whose names and addresses
Mr Ions had taken from his work email
address book and all emails sent to or
received by his LinkedIn account from
the Hays computer network whilst Mr
Ions was an employee of Hays. He was
also ordered to disclose all documents,
including invoices and emails, evidencing
the use of the LinkedIn contacts and any
business names obtained from them.
- 6 -
of employers have discussed
with their employees the position
regarding work related contacts
on social media accounts upon
termination of employment.
17%
only
OWNERSHIP
After her employment was terminated,
Edcomm, using Dr Eagle’s LinkedIn
password, accessed the account and
changed the password so that Dr Eagle
could no longer access the account.
Edcomm then changed the account
profile to display Dr Eagle’s successor’s
name and photograph, although Dr
Eagle’s honours, recommendations
and connections were not deleted. For
several weeks thereafter, a search for Dr
Eagle on LinkedIn found the information
for her replacement instead.
The Court held in Dr Eagle’s favour and
pointed out that Edcomm, although
clearly concerned about its employees’
social media presence, did not have a
policy in place determining who owned
the accounts.
LOCKED OUT OF LINKEDIN
In March 2013, judgement was delivered
in a US case involving ownership of a
LinkedIn account. In Eagle v Edcomm,
Dr Eagle, former CEO of Edcomm, filed
a complaint alleging that Edcomm
hijacked her LinkedIn account after
her employment was terminated. While
Dr Eagle was CEO of Edcomm, she
established a LinkedIn account with
the encouragement and assistance of
Edcomm. She used this account to
promote Edcomm’s services, to foster
her professional reputation, to connect
with her family and to build social and
professional relationships.
- 7 -
We asked employers and employees to tell us who owned
the followers, contacts and friends on employees’ personal
social media accounts.
The results show two very different points of view and a
significant degree of uncertainty in the minds of employers
and employees.
• Deal with ownership of work
related contacts on employer or
employee owned devices and
social media accounts at the start
of the employment relationship.
• Set the boundary between
personal and professional
contacts and/or other important
business information.
• Amend contracts of employment
and staff handbooks so that
confidential information and post
termination restrictions capture
work related contacts on social
media accounts.
• Require employees not to add
work related contacts to personal
social media accounts or make
clear the basis on which they are
permitted to so do.
• Require employees to delete
work related contacts from
social media accounts on
termination of employment.
• Inform employees that they are
not permitted to hold themselves
out as employees on their social
media accounts once their
employment has ended.
I OWN
52%
UNSURE
47%
EMPLOYER
OWNS 1%
EMPLOYEE
OWNS 24%
EMPLOYEE
THINKS
I OWN
63%
UNSURE
31%
EMPLOYER
OWNS 6%
WE OWN
25%
UNSURE
61%
EMPLOYEE
OWNS 14%
EMPLOYEE
THINKS
EMPLOYER
THINKS
Twitter®
I OWN
37%
UNSURE
56%
EMPLOYER
OWNS 7%
WE OWN
29%
UNSURE
57%
EMPLOYEE
OWNS 14%
EMPLOYEE
THINKS
EMPLOYER
THINKS
Facebook®
Linked In®
Best Practice
UNSURE
61%
WE OWN
15%
EMPLOYER
THINKS
- 8 -
PRODUCTIVITY
81%
of employees access
social media sites
at work.
47%
of employers think that
social media access,
while at work, increases
workplace morale. 36% of
employees agree.
31%
of employees access
social media sites
multiple times a day
at work.
42%
of employers allow some
form of social media
access while at work.
Our survey indicates that 47% of employees
believe that access to social media during
work hours decreases productivity. It is
interesting that only 38% of employers agree.
As the majority of employees access social
media from personal devices while at work
there is limited value in imposing absolute
restrictions upon employees accessing social
media on employer-owned devices.
If an employer is concerned about an
employee’s productivity, whether it is
connected with suspected high levels of
social media use during the working day,
or for any other reason, these concerns
should be addressed through the
implementation of a performance
improvement plan.
• Set realistic guidelines for
employees regarding the
accessing of social media
sites at work irrespective
of whether on employer or
employee owned devices.
• Deal with concerns about
productivity due to suspected
social media usage at work
in the same way as any other
performance issue is dealt
with - by putting a performance
improvement plan in place.
ON AVERAGE
EMPLOYEESSPEND
56MINUTES
per working day
on social media sites.
Best Practice
- 9 -
Business is increasingly turning to social
media to enhance reputation and grow.
Social media provides unique opportunities
to connect and network with potential
customers or clients that were simply not
available before.
A key issue for employers is to identify how
employees will participate in this process
and to set out clear guidelines as to how,
what and by whom information relating to
the employer’s business is communicated
on social media. Employees should
be encouraged to report comments
concerning the business made on
social media to a central point within
their organisation.
The potential for an organisation to
interact negatively with customers and
clients on social media at a speed and on
a scale previously unimagined is also an
issue for employers.
BRAND PROTECTION
38%
of employees say they
would do nothing if they
came across negative
comments about their
employer on social
media sites.
56%
of employers encourage
their employees to report
negative comments.
•	 If employees are encouraged
or required to use business
social media accounts ensure
that account passwords
and login details are not
changed by employees
without permission.
• Define who is permitted to post
or comment on business social
media accounts.
• Consider whether postings
or comments need to be
monitored in advance to ensure
appropriate content.
• Ensure employees are clear
about what to do if they
read comments about the
organisation on social media.
• Ensure employees are not
permitted to post confidential
information on personal social
media accounts and are
clear as to what confidential
information means.
• Decide whether employees may
post work related photographs
or comments on personal social
media accounts.
of employers are not
concerned that confidential
business information
may be posted on social
media sites by employees.
73%
Best Practice
reputation risk
In a much viewed YouTube video,
an employee of a multi-national fast
food operation was seen preparing
a sandwich for delivery. It was clear
from the video and the accompanying
narrative by a co-worker that the
sandwich was being prepared without
regard to hygiene or food standards
and in a way that would be damaging
to the employer’s brand.
Within days of the video being posted
online it had been viewed more than
a million times. Both employees
were dismissed.
In a case involving a UK supermarket
chain, an employee was dismissed
for posting a video on YouTube of
colleagues having a fight with plastic
bags. The video clip was viewed by
eight people, three of whom were the
managers of the supermarket where
the employee worked and who took the
decision to dismiss the employee.
The Employment Tribunal held that
the dismissal was unfair since there
was no actual risk of reputational
damage to the supermarket.
- 10 -
Employers may have regard to employee
conduct which takes place on social
media sites. Conduct which is linked or
damaging to the employer, has an impact
upon the employee’s ability to do his/her
job or causes offence to other employees,
requires action. Although 51% of
employers and 40% of employees say
that activity on social media should
be treated differently if it takes place
outside of working hours, the same
considerations apply regardless of when
the conduct takes place.
When an employer is considering
taking disciplinary action against an
employee, the employee may say that
he/she thought their social media
account was private or that he/she has a
right to freedom of expression. In fact,
employees should not assume that posts
or comments will remain private given
the nature of the internet. In addition,
the freedom of expression enjoyed by
the employee must be balanced against
the right of the employer to protect their
reputation and to observe their duty
of care to other employees.
EMPLOYEE ACTIVITY ON
SOCIAL MEDIA
Kiernan v Awear (2007) was one of the first
Irish cases to raise the issue of social media
in the workplace. The case involved the
posting of comments by Ms Kiernan about
her branch manager on the social networking
site Bebo outside of working hours. The
remarks were brought to management’s
attention by a customer. Ms Kiernan, who
had a previously clean disciplinary record,
was dismissed for gross misconduct. On
appeal to the Employment Appeals Tribunal,
it was held that the sanction of dismissal was
disproportionate to the offence.
A different determination was made in
O’Mahony v PJF Insurances Limited (2010),
a case which also involved an employee
posting disparaging comments about the
employer and a director of the organisation
on her Facebook page. Ms O’Mahony was
dismissed and challenged the dismissal
in the Employment Appeals Tribunal.
The Tribunal held that the posts were
personally offensive to one of the directors
in particular and that the breach of trust was
so significant that Ms O’Mahony’s position
became untenable.
Employers may be vicariously liable
for acts of bullying, harassment or
discrimination of employees carried out
by their colleagues on social media sites.
It will not be a defence for the employer
to say that such acts were carried out
without their consent or knowledge. It
will be helpful to a defence however, to
show that the employer took practical
steps to prevent the act complained of
taking place. Key to this would be to
have in place a clear and comprehensive
social media policy which identifies and
requires appropriate conduct concerning
colleagues both during and outside of
working hours on social media sites.
As with any disciplinary matter with
which an employer must deal, sanctions
for misconduct in relation to social
media must be proportionate to the
circumstances and the disciplinary
process followed must be fair.
In Toland v Marks  Spencer (2013)
Ms Toland was awarded €18,000
compensation in her claim for unfair
dismissal. Ms Toland had been dismissed
due to a breach of the organisation’s social
networking policy. In giving evidence to
the Tribunal, Ms Toland said that her
participation in the social networking sites
was limited and that she did not intend to
hurt or disrespect anyone. Ms Toland did
accept that by commenting on posts by
other staff members she did participate in
conversations regardless of her intentions.
As Marks  Spencer could not provide the
witness who made the decision to dismiss
the employee at the hearing or any notes of
the disciplinary meeting, the Tribunal treated
the case as an uncontested unfair dismissal.
However, the Tribunal did accept that there
was some contribution to the dismissal
by Ms Toland as a result of her “careless
misuse of a social networking site and the
compensation awarded reflects this”.
Disciplinary Issues
- 11 -
VICARIOUS LIABILITY
The UK case of Otomewo v Carphone
Warehouse (2012) illustrates the
importance of having an effective
social media policy in place to deal
with claims of vicarious liability.
Mr Otomewo was a manager in a
Carphone Warehouse store. During
working hours, two of Mr Otomewo’s
colleagues took his iPhone without his
consent and used it to post a status
update on his Facebook page saying
“finally came out of the closet, I am
gay and proud”.
At a Tribunal hearing it was
acknowledged that Mr Otomewo was
not gay and that his colleagues did not
believe that he was gay. However, it
was accepted that the status update
caused Mr Otomewo embarrassment
and distress as it could be seen by his
friends and family.
The Employment Tribunal found that it
was reasonable for Mr Otomewo to be
embarrassed and distressed by the status
update on his Facebook page which was
unwanted and an unnecessary and an
unwarranted intrusion into his private life
on a public space amounting to sexual
orientation harassment. The Employment
Tribunal found that the comments were
made in the course of employment
and that Carphone Warehouse, as the
employer, was liable for such actions.
of employers
have
disciplined
employees
based on their
actions on
social media.
of employees
say their
organisation
has disciplined
employees
based on social
media activity.
21%
26%
• 	Ensure your social media policy
states what is/is not permitted
otherwise it will be difficult to
discipline an employee for any
social media policy breach.
• 	The social media policy should
cross refer to other relevant
HR policies.
• 	Before taking disciplinary
action against an employee,
consider whether there is a
work-related context and/
or whether the activity in
question actually affects
the work relationship
and/or impacts upon the
employer’s reputation.
• 	Regardless of what the
employee is thought to have
done, fair investigatory and
disciplinary procedures must
be followed.
• 	Adopt a consistent and
proportionate approach to
disciplinary sanction for
breach of social media policy.
Best Practice
- 12 -
SOCIAL MEDIA POLICY
Social media is an increasingly important
part of the personal lives of employees
and of business life and it is here to stay.
Employers should consider the issues
social media raises in their workplace and
regulate its use and application. Key to
this is to have a comprehensive, tailored
social media policy in place and to ensure
that employees read and understand it.
Where employees are required to use their
own devices for work the social media
policy should cover BYOD (Bring Your
Own Device). Irrespective of whether
employees use their own or employer
owned devices, employers should require
employees to use privacy and lock settings
to minimise the risk of unauthorised
access to those devices.
POLICY - WHY BOTHER?
In Walker v Bausch  Lomb (2009) the
policy at issue was the employer’s intranet
usage policy. However, the deciding
point holds good for social media. In this
Irish case an employee posted to the
organisation’s intranet a message that had
serious implications in terms of publicity
and workplace industrial relations. The
employee was dismissed and challenged
the dismissal. The Employment Appeals
Tribunal found that the organisation’s
investigation was fair but that the
dismissal was not. A factor in the decision
was that there was no proof that the
employee had ever received or reviewed
the organisation’s intranet policy.
Crisp v Apple (2011) is a UK case
concerning Mr Crisp who worked at
an Apple store and posted derogatory
comments on his Facebook page about
his work and certain Apple products.
These comments were brought to the
attention of Mr Crisp’s manager.
Mr Crisp was dismissed for gross
misconduct and challenged his
dismissal. The Employment Tribunal
in the UK upheld the dismissal.
In arriving at its decision, the Employment
Tribunal was influenced by the fact that
training and policies on the use of social
media had been provided to Mr Crisp by
his employer.
43%
of employees are
unsure whether their
organisation has a social
media policy.
84%
of employers say that
social media is important
to their organisation.
Only 51%
of employers have a
social media policy.
- 13 -
Employers-
Is your policy
very well
understood
by employees?
51%
NO
49%
YES
Employees-
Do you fully
understand your
organisation’s
social media
policy?
47%
NO
53%
YES
Of the employees who are
required to use personal
devices for work, 60% say
that their employer does not
have a BYOD policy in place.
3%
1%
10%
16%
21%
36%
46%
Poster
Update of
Contract
Word of Mouth
Manual
Internet
Training
Email
How is your organisation’s social media policy
communicated to employees?
- 14 -
• Define the scope - apply it to
personal and professional use
on personal and work devices;
cover activity inside and outside
working hours.
• Set realistic guidelines regarding
usage during work hours -
consider allowing social media
access in moderation once it does
not affect productivity; confirm
that excessive use of social
media during working hours may
constitute misconduct.
• Provide guidelines for employee
communications in social media
- advise employees to keep
personal and work-related social
media activities separate; state
that employees are personally
responsible for their posts; advise
employees to think before they
engage and be mindful of third
parties’ rights; inform employees
of the need to use privacy
settings/lock devices.
• Cross refer to other relevant
workplace policies - e.g. disciplinary,
bullying and harassment, equality,
email and internet and data
protection.
• Address confidential/sensitive
information i.e. - remind employees
they must not discuss clients,
business partners or colleagues
without permission outside the
organisation or post any information
that is not public.
• Reputation management - confirm
what employees should do if they
see any inaccurate or negative
comments about the organisation
on social media.
• Ownership - confirm whether the
organisation has a proprietary
interest in any accounts and/or
information generated by employees
on social media.
• Address consequences - confirm that
failure to adhere to the social media
policy may lead to disciplinary action.
policy guidelines
We have set out a number of key guidelines which we recommend including in your organisation’s
social media policy.
• Implement a social media
policy based upon actual
business needs, bearing in
mind what role social media
has to play in the business.
• Ensure the social media
policy is reviewed regularly
as developments may quickly
render it out of date.
• Include the employer’s
position on BYOD where
employees are required or
permitted to use their own
devices for work.
• Ensure the social media
policy is communicated
effectively to all employees.
Retain proof that it has
been received, read
and understood.
Best Practice
- 15 -
The research upon which this report is based was undertaken by Amárach Research.
Two separate surveys were conducted, one among employers and one among employees
of organisations operating in Ireland and of a size of 50 employees or more. A range of
questions relating to social media in the workplace were asked of both groups to allow for
an employer and employee perspective to be captured. A total of 200 employers were
surveyed via telephone interviews and 500 employees were interviewed online. All
interviewing was conducted in February 2013.
Amárach Research is a full service market research and consultancy firm operating in
Ireland since the 1980’s. Amárach Research is proud to be fully Irish owned, run and
wholly independent. Amárach provides a range of research and consultancy services for
blue chip and public sector clients who are seeking to gain a competitive advantage through
understanding their customers and markets in more detail. Amárach Research brings clarity
to complex issues through best in class research and analytic methods.
ABOUT THE RESEARCH
- 16 -
William Fry is a leading full service Irish law firm with offices in Dublin, London, New York
and Mountain View, California. Our client-focused service combines technical excellence
with commercial awareness and a practical, constructive approach to business issues. We
advise leading domestic and international corporations, financial institutions and government
organisations. We regularly act on complex, multi-jurisdictional transactions and commercial
disputes. Strong client relationships and high quality advice are the hallmarks of our business.
Our Employment  Benefits Team is one of the largest employment law practices in Ireland.
Our areas of expertise include:
•	 Advising on all legal issues relating to the employment relationship
•	Representing clients before courts and tribunals in discrimination claims, unfair dismissal
cases, breach of contract actions, injunction proceedings and prosecutions
•	 Industrial relations
•	Advising on employment and pension issues in business sales, group reorganisations,
insolvencies and outsourcings
•	Advising on all aspects of pensions law for employers, trustees, pension product providers
and individuals
•	 Employee share plans
•	 Providing bespoke employment law training sessions for HR personnel
•	 Advising on health and safety matters
Our clients include many leading multinational and Irish companies, pension scheme trustees
and public sector organisations. Our team has advised on the employment and pensions aspects
of many of the major corporate transactions in Ireland in recent years. We have successfully
represented clients in a number of High Court and Supreme Court cases in which the judgments
handed down have clarified key points of Irish employment law.
Recent directory commentary includes:
“Practice head Boyce Shubotham is ‘tactically astute in all his dealings’, Maura Roe ‘remains
calm and focused’, and Alicia Compton is ‘excellent’.” (Legal 500 EMEA, 2013)
“A well-connected practice that really tries to understand its clients. I have yet to give the lawyers
a scenario which has stumped them - you can always find an expert in your area.” (Chambers
Europe, 2013)
“William Fry is fabulous. It understands the issues clients face and ensures transactions progress
smoothly...” “everyone we deal with is just superb. We value the team’s judgement and view them
as colleagues” (Chambers Europe, 2012)
“William Fry’s ‘first class’ team is capable of ‘devising and delivering a solution’ that clients are
happy with.” (Legal 500 EMEA, 2012)
Boyce Shubotham
Partner
T. +353 1 639 5362
E. boyce.shubotham@williamfry.ie
Alicia Compton
Partner
T. +353 1 639 5376
E. alicia.compton@williamfry.ie
Maura Roe
Partner
T. +353 1 639 5246
E. maura.roe@williamfry.ie
Michael Wolfe
Partner
T. +353 1 639 5204
E. michael.wolfe@williamfry.ie
Liam Connellan
Partner
T. +353 1 639 5110
E. liam.connellan@williamfry.ie
Catherine O’Flynn
Associate
T. +353 1 639 5136
E. catherine.oflynn@williamfry.ie
Aisling Butler
Associate
T. +353 1 639 5178
E. aisling.butler@williamfry.ie
Lorna Osbourne
Assistant
T. +353 1 489 6408
E. lorna.osbourne@williamfry.ie
CONTACT
Maryrose Dillon
Associate
T. +353 1 489 6520
E. maryrose.dillon@williamfry.ie
Louise Harrison
Associate
T. +353 1 489 6580
E. louise.harrison@williamfry.ie
Louise Moore
Assistant
T. +353 1 489 6526
E. louise.moore@williamfry.ie
Ciara Ruane
Assistant
T. +353 1 489 6644
E. ciara.ruane@williamfry.ie
Nichola Harkin
Assistant
T. +353 1 489 6616
E. nichola.harkin@williamfry.ie
Mary Greaney
Assistant
T. +353 1 639 5358
E. mary.greaney@williamfry.ie
Anne O’Connell
Associate
T. +353 1 639 5286
E. anne.oconnell@williamfry.ie
ABOUT WILLIAM FRY
Follow us on twitter @WFEmploymentLaw
- 17 -
A selection of the clients of our Employment  Benefits Team
“A well-connected practice that really tries to understand its clients. I have yet to give the lawyers a
scenario which has stumped them – you can always find an expert in your area.”
Chambers Europe, 2013
- 18 -
notes
williamfry.ie
www.williamfry.ie Copyright © William Fry 2013. All rights reserved.
The material contained in this publication is provided for information purposes only
and does not constitute legal or other professional advice. It does not take account of specific circumstances
and cannot be considered a substitute for specific legal or other professional advice
Dublin . London . New York . Mountain View, CA.

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William Fry Employment Report 2013

  • 1. Social Media in the Workplace William fry employment report 2013
  • 2. CONTENTS • Foreword • Key Findings • Recruitment • Ownership • Productivity • Brand Protection • Disciplinary Issues • Social Media Policy • About the Research • About William Fry
  • 3. Welcome to the William Fry Employment Report 2013 which focuses on social media in the workplace. Social media platforms such as LinkedIn, Facebook and Twitter have revolutionised communication. There have been many reports on social media in the workplace internationally, but the Irish workplace has not been extensively reviewed. We commissioned a survey to gain an insight into how social media is being used in the Irish workplace. The survey was conducted with 200 Irish based companies, both domestic and international, and 500 employees. The purpose of our report is to help employers manage social media in the workplace effectively by pre-empting and avoiding potential employment issues. The overriding message for employers is the need to implement a social media policy tailored to the needs of their organisation, to review that policy regularly, to ensure that employees are aware of the policy and understand how it affects them and to enforce it consistently. We hope you find this report interesting and informative and we welcome your feedback. Alicia Compton Employment & Benefits Partner Phone: + 353 1 639 5376 Email: alicia.compton@williamfry.ie Catherine O’Flynn Employment & Benefits Associate Phone: + 353 1 639 5136 Email: catherine.o’flynn@williamfry.ie FOREWORD This survey examined a number of areas arising from the use of social media in the workplace, including its importance in the recruitment process, its effect on productivity, disciplinary issues and ownership of social media accounts and their contents. Our findings show that evidence on social media of bad language or discriminatory views of job candidates influences employers’ decision to hire. In relation to Recruitment we consider the extent to which employers can screen the online activity of job candidates. Candidates are protected by the Employment Equality legislation which prohibits discrimination on nine specific grounds such as gender, sexual orientation, age and race. An employer who checks the profiles of candidates on social media platforms could be liable under this legislation if a candidate can show that the reason he/she was not offered a job was connected with material relevant to one of the nine grounds and seen by the prospective employer on the candidate’s social media account. A key emerging challenge for employers is the Ownership of social media accounts and/or contacts on those accounts. The most significant challenge is what happens to work- related contacts when the employee leaves the organisation. 61% of employees have work-related contacts on their personal social medial accounts yet only 3% of employers know what work-related social media contacts their employees have. The question of ownership should be dealt with as early on in the employment relationship as possible. We also examine issues around productivity and whether access to social media sites during work hours decreases Productivity. While 47% of employees believe that access to social media during working hours decreases productivity, only 38% of employers agree. Issues regarding employee productivity relating to the use of social media should be treated in the same way as any other underperformance issue, such as, by putting a performance improvement plan in place. Businesses are turning to social media to enhance and strengthen their brand. Social media facilitates online relationships with potential customers or clients. To ensure Brand Protection, employers should set out clear guidelines on communications on social media and specify how employees should report negative comments made about the organisation. Disciplinary Issues arise in connection with employees’ social media activity. Although 51% of employers and 40% of employees say that activity on social media should be treated differently if it takes place outside working hours, the same considerations apply regardless of when the activity takes place. Employers may be held vicariously liable for acts of bullying or harassment of employees carried out by their colleagues on social media sites, even if the comments are posted outside of working hours. It is not a defence for an employer to say that those acts were carried out without their consent or knowledge. It will be helpful to a defence, however, to show that the employer took practical steps to prevent the act complained of. A clear and comprehensive social media policy which deals with appropriate conduct is key. We have set out best practice for putting in place a Social Media Policy and list the issues which should be addressed when preparing a Social Media Policy. A social media policy should be a considered policy which meets the needs of the organisation to which it applies. It should cross refer to other relevant HR policies. Given the speed of developments in this area, the social media policy should be updated regularly and effectively communicated to all employees. key findings
  • 4. - 4 - RECRUITMENT Our survey results indicate that employers are influenced by evidence on social media of discriminatory views and bad language when it comes to job applicants. Social media undoubtedly provides a significant resource for recruiters in terms of sourcing candidates but is it acceptable to use social media to screen candidates? Social media screening has become an issue in other jurisdictions to the extent that several US States have enacted legislation prohibiting employers from requesting login details of the social media accounts of job applicants. There is no legislation prohibiting an employer requesting login details in Ireland. However, when an employer reviews a job candidate’s social media accounts, two issues should be considered. Firstly, candidates are protected by the employment equality legislation which prohibits discrimination on the nine grounds of gender, civil or family status, sexual orientation, religious belief, age, disability, race or nationality or membership of the Traveller community. An employer could be liable under equality legislation if a candidate can show that the reason he/she was not offered a job was connected with material relevant to one of the nine grounds and seen by the prospective employer on the candidate’s social media accounts. • If reviewing a candidate’s social media accounts forms part of an organisation’s recruitment process, let candidates know that this will take place, explain what form it will take and why it is considered necessary having regard to the nature of the job. • Ensure that information sourced from social media is obtained and retained in accordance with data protection requirements. • Ensure that any decision not to recruit an individual is not based upon any of the discriminatory grounds covered by the employment equality legislation. Best Practice 86% of employers say the use of bad language on a candidate’s social media account would affect their decision to hire that candidate. 81% of employers say they would be put off by inappropriate photos/ videos on a candidate’s social media account. 82% of employers would be negatively influenced by discriminatory views on a candidate’s social media account. Secondly, data protection legislation and guidance issued by the Data Protection Commissioner suggests that employers must, at a minimum, advise candidates that online screening will take place, explain what form it will take and why screening is considered necessary having regard to the nature of the job. Other data protection obligations, including how a candidate’s personal data gleaned in the screening process should be stored and protected from unnecessary dissemination must also be considered. Screening The UK’s first Youth Police and Crime Commissioner, Paris Brown (17), recently resigned from her post following criticism of messages posted by her on Twitter when she was aged between 14 and 16. The Police and Crime Commissioner responsible for recruiting Ms Brown has been criticised for not carrying out checks on social media before Ms Brown’s appointment. The Commissioner has suggested that such checks are likely to be part of future recruitment processes.
  • 5. - 5 - OWNERSHIP Ownership of social media accounts, and of the contacts, friends or followers on those accounts is an emerging issue for employers. As the economy recovers and movement increases within the job market these issues will arise more frequently. Customer or client facing employees often set up social media accounts to reinforce customer/client relationships and may be encouraged to do so by their employer. Employees can amass a significant number of contacts, friends or followers on social media accounts. Who owns those work related contacts and social media accounts and what happens to them when the employee leaves the employment. An employer cannot claim ownership over all work related contacts simply because they are work related. Disputes between employers and employees regarding ownership of social media material are governed by contract and common law principles developed through case law. There is no Irish case law on this issue to date, however developing UK and US case law may indicate the approach the Irish courts will take. WHOSE CONTACT IS IT ANYWAY? The leading UK case involving ownership of LinkedIn contacts is Hays Specialist Recruitment (Holdings) Limited v Ions (2008). Mr Ions left Hays to set up a rival agency. Hays suspected that Mr Ions was using confidential information concerning clients and contacts which he had copied to his LinkedIn account during his employment. A search of Mr Ion’s e-mail account revealed that, during his employment, Mr Ions had invited two existing clients of Hays to join his LinkedIn network. When deciding on the claim brought by Hays for breach of contract the Court considered that an employee recording client contact details with a view to their future use in a competing business was potentially a breach of the employee’s employment of employers allow employees to store work related contacts on their personal social media accounts. 8% of employers know what work related contacts their employees have on their personal social media accounts. 3% 61% of employees have work related contacts on their personal social media accounts. obligations. Essentially, while an employer may authorise employees to gather contact details on their LinkedIn accounts that information is confidential information, and remains the property of the employer. This illustrates the distinction between ownership of a LinkedIn account and ownership of the information contained within that account. The Court directed disclosure of those contacts whose names and addresses Mr Ions had taken from his work email address book and all emails sent to or received by his LinkedIn account from the Hays computer network whilst Mr Ions was an employee of Hays. He was also ordered to disclose all documents, including invoices and emails, evidencing the use of the LinkedIn contacts and any business names obtained from them.
  • 6. - 6 - of employers have discussed with their employees the position regarding work related contacts on social media accounts upon termination of employment. 17% only OWNERSHIP After her employment was terminated, Edcomm, using Dr Eagle’s LinkedIn password, accessed the account and changed the password so that Dr Eagle could no longer access the account. Edcomm then changed the account profile to display Dr Eagle’s successor’s name and photograph, although Dr Eagle’s honours, recommendations and connections were not deleted. For several weeks thereafter, a search for Dr Eagle on LinkedIn found the information for her replacement instead. The Court held in Dr Eagle’s favour and pointed out that Edcomm, although clearly concerned about its employees’ social media presence, did not have a policy in place determining who owned the accounts. LOCKED OUT OF LINKEDIN In March 2013, judgement was delivered in a US case involving ownership of a LinkedIn account. In Eagle v Edcomm, Dr Eagle, former CEO of Edcomm, filed a complaint alleging that Edcomm hijacked her LinkedIn account after her employment was terminated. While Dr Eagle was CEO of Edcomm, she established a LinkedIn account with the encouragement and assistance of Edcomm. She used this account to promote Edcomm’s services, to foster her professional reputation, to connect with her family and to build social and professional relationships.
  • 7. - 7 - We asked employers and employees to tell us who owned the followers, contacts and friends on employees’ personal social media accounts. The results show two very different points of view and a significant degree of uncertainty in the minds of employers and employees. • Deal with ownership of work related contacts on employer or employee owned devices and social media accounts at the start of the employment relationship. • Set the boundary between personal and professional contacts and/or other important business information. • Amend contracts of employment and staff handbooks so that confidential information and post termination restrictions capture work related contacts on social media accounts. • Require employees not to add work related contacts to personal social media accounts or make clear the basis on which they are permitted to so do. • Require employees to delete work related contacts from social media accounts on termination of employment. • Inform employees that they are not permitted to hold themselves out as employees on their social media accounts once their employment has ended. I OWN 52% UNSURE 47% EMPLOYER OWNS 1% EMPLOYEE OWNS 24% EMPLOYEE THINKS I OWN 63% UNSURE 31% EMPLOYER OWNS 6% WE OWN 25% UNSURE 61% EMPLOYEE OWNS 14% EMPLOYEE THINKS EMPLOYER THINKS Twitter® I OWN 37% UNSURE 56% EMPLOYER OWNS 7% WE OWN 29% UNSURE 57% EMPLOYEE OWNS 14% EMPLOYEE THINKS EMPLOYER THINKS Facebook® Linked In® Best Practice UNSURE 61% WE OWN 15% EMPLOYER THINKS
  • 8. - 8 - PRODUCTIVITY 81% of employees access social media sites at work. 47% of employers think that social media access, while at work, increases workplace morale. 36% of employees agree. 31% of employees access social media sites multiple times a day at work. 42% of employers allow some form of social media access while at work. Our survey indicates that 47% of employees believe that access to social media during work hours decreases productivity. It is interesting that only 38% of employers agree. As the majority of employees access social media from personal devices while at work there is limited value in imposing absolute restrictions upon employees accessing social media on employer-owned devices. If an employer is concerned about an employee’s productivity, whether it is connected with suspected high levels of social media use during the working day, or for any other reason, these concerns should be addressed through the implementation of a performance improvement plan. • Set realistic guidelines for employees regarding the accessing of social media sites at work irrespective of whether on employer or employee owned devices. • Deal with concerns about productivity due to suspected social media usage at work in the same way as any other performance issue is dealt with - by putting a performance improvement plan in place. ON AVERAGE EMPLOYEESSPEND 56MINUTES per working day on social media sites. Best Practice
  • 9. - 9 - Business is increasingly turning to social media to enhance reputation and grow. Social media provides unique opportunities to connect and network with potential customers or clients that were simply not available before. A key issue for employers is to identify how employees will participate in this process and to set out clear guidelines as to how, what and by whom information relating to the employer’s business is communicated on social media. Employees should be encouraged to report comments concerning the business made on social media to a central point within their organisation. The potential for an organisation to interact negatively with customers and clients on social media at a speed and on a scale previously unimagined is also an issue for employers. BRAND PROTECTION 38% of employees say they would do nothing if they came across negative comments about their employer on social media sites. 56% of employers encourage their employees to report negative comments. • If employees are encouraged or required to use business social media accounts ensure that account passwords and login details are not changed by employees without permission. • Define who is permitted to post or comment on business social media accounts. • Consider whether postings or comments need to be monitored in advance to ensure appropriate content. • Ensure employees are clear about what to do if they read comments about the organisation on social media. • Ensure employees are not permitted to post confidential information on personal social media accounts and are clear as to what confidential information means. • Decide whether employees may post work related photographs or comments on personal social media accounts. of employers are not concerned that confidential business information may be posted on social media sites by employees. 73% Best Practice reputation risk In a much viewed YouTube video, an employee of a multi-national fast food operation was seen preparing a sandwich for delivery. It was clear from the video and the accompanying narrative by a co-worker that the sandwich was being prepared without regard to hygiene or food standards and in a way that would be damaging to the employer’s brand. Within days of the video being posted online it had been viewed more than a million times. Both employees were dismissed. In a case involving a UK supermarket chain, an employee was dismissed for posting a video on YouTube of colleagues having a fight with plastic bags. The video clip was viewed by eight people, three of whom were the managers of the supermarket where the employee worked and who took the decision to dismiss the employee. The Employment Tribunal held that the dismissal was unfair since there was no actual risk of reputational damage to the supermarket.
  • 10. - 10 - Employers may have regard to employee conduct which takes place on social media sites. Conduct which is linked or damaging to the employer, has an impact upon the employee’s ability to do his/her job or causes offence to other employees, requires action. Although 51% of employers and 40% of employees say that activity on social media should be treated differently if it takes place outside of working hours, the same considerations apply regardless of when the conduct takes place. When an employer is considering taking disciplinary action against an employee, the employee may say that he/she thought their social media account was private or that he/she has a right to freedom of expression. In fact, employees should not assume that posts or comments will remain private given the nature of the internet. In addition, the freedom of expression enjoyed by the employee must be balanced against the right of the employer to protect their reputation and to observe their duty of care to other employees. EMPLOYEE ACTIVITY ON SOCIAL MEDIA Kiernan v Awear (2007) was one of the first Irish cases to raise the issue of social media in the workplace. The case involved the posting of comments by Ms Kiernan about her branch manager on the social networking site Bebo outside of working hours. The remarks were brought to management’s attention by a customer. Ms Kiernan, who had a previously clean disciplinary record, was dismissed for gross misconduct. On appeal to the Employment Appeals Tribunal, it was held that the sanction of dismissal was disproportionate to the offence. A different determination was made in O’Mahony v PJF Insurances Limited (2010), a case which also involved an employee posting disparaging comments about the employer and a director of the organisation on her Facebook page. Ms O’Mahony was dismissed and challenged the dismissal in the Employment Appeals Tribunal. The Tribunal held that the posts were personally offensive to one of the directors in particular and that the breach of trust was so significant that Ms O’Mahony’s position became untenable. Employers may be vicariously liable for acts of bullying, harassment or discrimination of employees carried out by their colleagues on social media sites. It will not be a defence for the employer to say that such acts were carried out without their consent or knowledge. It will be helpful to a defence however, to show that the employer took practical steps to prevent the act complained of taking place. Key to this would be to have in place a clear and comprehensive social media policy which identifies and requires appropriate conduct concerning colleagues both during and outside of working hours on social media sites. As with any disciplinary matter with which an employer must deal, sanctions for misconduct in relation to social media must be proportionate to the circumstances and the disciplinary process followed must be fair. In Toland v Marks Spencer (2013) Ms Toland was awarded €18,000 compensation in her claim for unfair dismissal. Ms Toland had been dismissed due to a breach of the organisation’s social networking policy. In giving evidence to the Tribunal, Ms Toland said that her participation in the social networking sites was limited and that she did not intend to hurt or disrespect anyone. Ms Toland did accept that by commenting on posts by other staff members she did participate in conversations regardless of her intentions. As Marks Spencer could not provide the witness who made the decision to dismiss the employee at the hearing or any notes of the disciplinary meeting, the Tribunal treated the case as an uncontested unfair dismissal. However, the Tribunal did accept that there was some contribution to the dismissal by Ms Toland as a result of her “careless misuse of a social networking site and the compensation awarded reflects this”. Disciplinary Issues
  • 11. - 11 - VICARIOUS LIABILITY The UK case of Otomewo v Carphone Warehouse (2012) illustrates the importance of having an effective social media policy in place to deal with claims of vicarious liability. Mr Otomewo was a manager in a Carphone Warehouse store. During working hours, two of Mr Otomewo’s colleagues took his iPhone without his consent and used it to post a status update on his Facebook page saying “finally came out of the closet, I am gay and proud”. At a Tribunal hearing it was acknowledged that Mr Otomewo was not gay and that his colleagues did not believe that he was gay. However, it was accepted that the status update caused Mr Otomewo embarrassment and distress as it could be seen by his friends and family. The Employment Tribunal found that it was reasonable for Mr Otomewo to be embarrassed and distressed by the status update on his Facebook page which was unwanted and an unnecessary and an unwarranted intrusion into his private life on a public space amounting to sexual orientation harassment. The Employment Tribunal found that the comments were made in the course of employment and that Carphone Warehouse, as the employer, was liable for such actions. of employers have disciplined employees based on their actions on social media. of employees say their organisation has disciplined employees based on social media activity. 21% 26% • Ensure your social media policy states what is/is not permitted otherwise it will be difficult to discipline an employee for any social media policy breach. • The social media policy should cross refer to other relevant HR policies. • Before taking disciplinary action against an employee, consider whether there is a work-related context and/ or whether the activity in question actually affects the work relationship and/or impacts upon the employer’s reputation. • Regardless of what the employee is thought to have done, fair investigatory and disciplinary procedures must be followed. • Adopt a consistent and proportionate approach to disciplinary sanction for breach of social media policy. Best Practice
  • 12. - 12 - SOCIAL MEDIA POLICY Social media is an increasingly important part of the personal lives of employees and of business life and it is here to stay. Employers should consider the issues social media raises in their workplace and regulate its use and application. Key to this is to have a comprehensive, tailored social media policy in place and to ensure that employees read and understand it. Where employees are required to use their own devices for work the social media policy should cover BYOD (Bring Your Own Device). Irrespective of whether employees use their own or employer owned devices, employers should require employees to use privacy and lock settings to minimise the risk of unauthorised access to those devices. POLICY - WHY BOTHER? In Walker v Bausch Lomb (2009) the policy at issue was the employer’s intranet usage policy. However, the deciding point holds good for social media. In this Irish case an employee posted to the organisation’s intranet a message that had serious implications in terms of publicity and workplace industrial relations. The employee was dismissed and challenged the dismissal. The Employment Appeals Tribunal found that the organisation’s investigation was fair but that the dismissal was not. A factor in the decision was that there was no proof that the employee had ever received or reviewed the organisation’s intranet policy. Crisp v Apple (2011) is a UK case concerning Mr Crisp who worked at an Apple store and posted derogatory comments on his Facebook page about his work and certain Apple products. These comments were brought to the attention of Mr Crisp’s manager. Mr Crisp was dismissed for gross misconduct and challenged his dismissal. The Employment Tribunal in the UK upheld the dismissal. In arriving at its decision, the Employment Tribunal was influenced by the fact that training and policies on the use of social media had been provided to Mr Crisp by his employer. 43% of employees are unsure whether their organisation has a social media policy. 84% of employers say that social media is important to their organisation. Only 51% of employers have a social media policy.
  • 13. - 13 - Employers- Is your policy very well understood by employees? 51% NO 49% YES Employees- Do you fully understand your organisation’s social media policy? 47% NO 53% YES Of the employees who are required to use personal devices for work, 60% say that their employer does not have a BYOD policy in place. 3% 1% 10% 16% 21% 36% 46% Poster Update of Contract Word of Mouth Manual Internet Training Email How is your organisation’s social media policy communicated to employees?
  • 14. - 14 - • Define the scope - apply it to personal and professional use on personal and work devices; cover activity inside and outside working hours. • Set realistic guidelines regarding usage during work hours - consider allowing social media access in moderation once it does not affect productivity; confirm that excessive use of social media during working hours may constitute misconduct. • Provide guidelines for employee communications in social media - advise employees to keep personal and work-related social media activities separate; state that employees are personally responsible for their posts; advise employees to think before they engage and be mindful of third parties’ rights; inform employees of the need to use privacy settings/lock devices. • Cross refer to other relevant workplace policies - e.g. disciplinary, bullying and harassment, equality, email and internet and data protection. • Address confidential/sensitive information i.e. - remind employees they must not discuss clients, business partners or colleagues without permission outside the organisation or post any information that is not public. • Reputation management - confirm what employees should do if they see any inaccurate or negative comments about the organisation on social media. • Ownership - confirm whether the organisation has a proprietary interest in any accounts and/or information generated by employees on social media. • Address consequences - confirm that failure to adhere to the social media policy may lead to disciplinary action. policy guidelines We have set out a number of key guidelines which we recommend including in your organisation’s social media policy. • Implement a social media policy based upon actual business needs, bearing in mind what role social media has to play in the business. • Ensure the social media policy is reviewed regularly as developments may quickly render it out of date. • Include the employer’s position on BYOD where employees are required or permitted to use their own devices for work. • Ensure the social media policy is communicated effectively to all employees. Retain proof that it has been received, read and understood. Best Practice
  • 15. - 15 - The research upon which this report is based was undertaken by Amárach Research. Two separate surveys were conducted, one among employers and one among employees of organisations operating in Ireland and of a size of 50 employees or more. A range of questions relating to social media in the workplace were asked of both groups to allow for an employer and employee perspective to be captured. A total of 200 employers were surveyed via telephone interviews and 500 employees were interviewed online. All interviewing was conducted in February 2013. Amárach Research is a full service market research and consultancy firm operating in Ireland since the 1980’s. Amárach Research is proud to be fully Irish owned, run and wholly independent. Amárach provides a range of research and consultancy services for blue chip and public sector clients who are seeking to gain a competitive advantage through understanding their customers and markets in more detail. Amárach Research brings clarity to complex issues through best in class research and analytic methods. ABOUT THE RESEARCH
  • 16. - 16 - William Fry is a leading full service Irish law firm with offices in Dublin, London, New York and Mountain View, California. Our client-focused service combines technical excellence with commercial awareness and a practical, constructive approach to business issues. We advise leading domestic and international corporations, financial institutions and government organisations. We regularly act on complex, multi-jurisdictional transactions and commercial disputes. Strong client relationships and high quality advice are the hallmarks of our business. Our Employment Benefits Team is one of the largest employment law practices in Ireland. Our areas of expertise include: • Advising on all legal issues relating to the employment relationship • Representing clients before courts and tribunals in discrimination claims, unfair dismissal cases, breach of contract actions, injunction proceedings and prosecutions • Industrial relations • Advising on employment and pension issues in business sales, group reorganisations, insolvencies and outsourcings • Advising on all aspects of pensions law for employers, trustees, pension product providers and individuals • Employee share plans • Providing bespoke employment law training sessions for HR personnel • Advising on health and safety matters Our clients include many leading multinational and Irish companies, pension scheme trustees and public sector organisations. Our team has advised on the employment and pensions aspects of many of the major corporate transactions in Ireland in recent years. We have successfully represented clients in a number of High Court and Supreme Court cases in which the judgments handed down have clarified key points of Irish employment law. Recent directory commentary includes: “Practice head Boyce Shubotham is ‘tactically astute in all his dealings’, Maura Roe ‘remains calm and focused’, and Alicia Compton is ‘excellent’.” (Legal 500 EMEA, 2013) “A well-connected practice that really tries to understand its clients. I have yet to give the lawyers a scenario which has stumped them - you can always find an expert in your area.” (Chambers Europe, 2013) “William Fry is fabulous. It understands the issues clients face and ensures transactions progress smoothly...” “everyone we deal with is just superb. We value the team’s judgement and view them as colleagues” (Chambers Europe, 2012) “William Fry’s ‘first class’ team is capable of ‘devising and delivering a solution’ that clients are happy with.” (Legal 500 EMEA, 2012) Boyce Shubotham Partner T. +353 1 639 5362 E. boyce.shubotham@williamfry.ie Alicia Compton Partner T. +353 1 639 5376 E. alicia.compton@williamfry.ie Maura Roe Partner T. +353 1 639 5246 E. maura.roe@williamfry.ie Michael Wolfe Partner T. +353 1 639 5204 E. michael.wolfe@williamfry.ie Liam Connellan Partner T. +353 1 639 5110 E. liam.connellan@williamfry.ie Catherine O’Flynn Associate T. +353 1 639 5136 E. catherine.oflynn@williamfry.ie Aisling Butler Associate T. +353 1 639 5178 E. aisling.butler@williamfry.ie Lorna Osbourne Assistant T. +353 1 489 6408 E. lorna.osbourne@williamfry.ie CONTACT Maryrose Dillon Associate T. +353 1 489 6520 E. maryrose.dillon@williamfry.ie Louise Harrison Associate T. +353 1 489 6580 E. louise.harrison@williamfry.ie Louise Moore Assistant T. +353 1 489 6526 E. louise.moore@williamfry.ie Ciara Ruane Assistant T. +353 1 489 6644 E. ciara.ruane@williamfry.ie Nichola Harkin Assistant T. +353 1 489 6616 E. nichola.harkin@williamfry.ie Mary Greaney Assistant T. +353 1 639 5358 E. mary.greaney@williamfry.ie Anne O’Connell Associate T. +353 1 639 5286 E. anne.oconnell@williamfry.ie ABOUT WILLIAM FRY Follow us on twitter @WFEmploymentLaw
  • 17. - 17 - A selection of the clients of our Employment Benefits Team “A well-connected practice that really tries to understand its clients. I have yet to give the lawyers a scenario which has stumped them – you can always find an expert in your area.” Chambers Europe, 2013
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  • 20. williamfry.ie www.williamfry.ie Copyright © William Fry 2013. All rights reserved. The material contained in this publication is provided for information purposes only and does not constitute legal or other professional advice. It does not take account of specific circumstances and cannot be considered a substitute for specific legal or other professional advice Dublin . London . New York . Mountain View, CA.