Social media in the workplace - a report based on research in Ireland conducted in early 2013 by the employment law division of WilliamFry.ie. Access the press release for the report here http://bgn.bz/wfsmr
I have uploaded the report here in the event that the link changes on the William Fry website as it is a helpful report for all HR professionals and senior leaders in Ireland.
The research upon which this William Fry 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.
More details from William Fry: www.williamfry.ie
This document discusses social media use policies and issues related to social media use in the workplace. It provides statistics showing that many employers do not have social media policies and it is easy for companies' reputations to be damaged on social media. It then discusses several legal issues and cases related to social media use, disciplinary actions, discrimination, harassment, monitoring employees' social media use, and recommendations for developing appropriate social media policies.
PowerPoint slides from general session of the Grow Revenue: Get Online and Boost Sales Restaurant Education Series event hosted by the Ohio Restaurant Association for their members. Speakers included Jarrod Clabaugh of the Ohio Restaurant Association and Jaime Kolligian of Kastner Westman and Wilkins.
SM Impact and Ethics in Workplace_Atansuyi, Kostak and Manhanga_073012_FINALJohn Kostak
This document discusses the impact of social media on employee terminations and the related ethical considerations. It provides examples of cases where employees were fired for negative social media posts about their employers or coworkers. It explores the challenges faced by governments and companies regarding employee rights and privacy in the digital age. Laws and policies around employment contracts, privacy, and freedom of speech are examined. The conclusion considers how ethics could help define appropriate boundaries for both employees and employers regarding social media use.
Companies should be aware of increasing social media litigation and laws regarding topics like intellectual property, privacy, HR issues, and regulatory compliance. A study found that over half of UK businesses do not consider social media's legal risks a priority. This indicates a knowledge gap, as over 68% of respondents had little understanding of applicable social media laws. Companies must understand issues around content ownership, electronic discovery, privacy policies, and how social media impacts areas like endorsements, harassment, and discrimination. Regulators are enforcing policies around areas such as advertising, healthcare, and financial services on social media. Firms may need to re-evaluate their social media strategies in light of these legal risks and compliance issues.
Social Media in the Workplace and BeyondAlexNemiroff
This document summarizes key legal issues related to social media use in the workplace. It discusses what constitutes social media, how much time employees spend on social media sites during work hours, and both employee and employer views on social media monitoring. It outlines legal risks for employers, such as negligent hiring, discrimination, and reputational harm. It also discusses constraints on employee discipline related to social media use and privacy issues concerning employee monitoring.
The NLRB allows employees wide latitude to criticize their employers on social media as long as it relates to wages, hours, or working conditions. Even posts containing profanity or that disparage the employer may be protected. The NLRB considers electronic media the modern equivalent of water coolers and will scrutinize any discipline of employees for social media posts about labor disputes or conditions. However, posts of confidential business information unrelated to working conditions or intentionally false statements generally receive no protection. Employers must understand where to draw the line between protected criticism and inappropriate conduct to avoid unfair labor practice charges.
The research upon which this William Fry 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.
More details from William Fry: www.williamfry.ie
This document discusses social media use policies and issues related to social media use in the workplace. It provides statistics showing that many employers do not have social media policies and it is easy for companies' reputations to be damaged on social media. It then discusses several legal issues and cases related to social media use, disciplinary actions, discrimination, harassment, monitoring employees' social media use, and recommendations for developing appropriate social media policies.
PowerPoint slides from general session of the Grow Revenue: Get Online and Boost Sales Restaurant Education Series event hosted by the Ohio Restaurant Association for their members. Speakers included Jarrod Clabaugh of the Ohio Restaurant Association and Jaime Kolligian of Kastner Westman and Wilkins.
SM Impact and Ethics in Workplace_Atansuyi, Kostak and Manhanga_073012_FINALJohn Kostak
This document discusses the impact of social media on employee terminations and the related ethical considerations. It provides examples of cases where employees were fired for negative social media posts about their employers or coworkers. It explores the challenges faced by governments and companies regarding employee rights and privacy in the digital age. Laws and policies around employment contracts, privacy, and freedom of speech are examined. The conclusion considers how ethics could help define appropriate boundaries for both employees and employers regarding social media use.
Companies should be aware of increasing social media litigation and laws regarding topics like intellectual property, privacy, HR issues, and regulatory compliance. A study found that over half of UK businesses do not consider social media's legal risks a priority. This indicates a knowledge gap, as over 68% of respondents had little understanding of applicable social media laws. Companies must understand issues around content ownership, electronic discovery, privacy policies, and how social media impacts areas like endorsements, harassment, and discrimination. Regulators are enforcing policies around areas such as advertising, healthcare, and financial services on social media. Firms may need to re-evaluate their social media strategies in light of these legal risks and compliance issues.
Social Media in the Workplace and BeyondAlexNemiroff
This document summarizes key legal issues related to social media use in the workplace. It discusses what constitutes social media, how much time employees spend on social media sites during work hours, and both employee and employer views on social media monitoring. It outlines legal risks for employers, such as negligent hiring, discrimination, and reputational harm. It also discusses constraints on employee discipline related to social media use and privacy issues concerning employee monitoring.
The NLRB allows employees wide latitude to criticize their employers on social media as long as it relates to wages, hours, or working conditions. Even posts containing profanity or that disparage the employer may be protected. The NLRB considers electronic media the modern equivalent of water coolers and will scrutinize any discipline of employees for social media posts about labor disputes or conditions. However, posts of confidential business information unrelated to working conditions or intentionally false statements generally receive no protection. Employers must understand where to draw the line between protected criticism and inappropriate conduct to avoid unfair labor practice charges.
Managing Social Media in the WorkplaceEric Swenson
The impact of social media in the workplace is growing. Time is being wasted, employees are 'friending' each other and liability for these issues is a litigation attorney's dream come true.
This paper examines employers' use of social media for recruitment and hiring. It discusses how employers are increasingly using sites like LinkedIn and Facebook to find potential candidates in a cost-effective way. However, using social media profiles can introduce ethical issues if employers base decisions on protected attributes or non-job related information. While there are no laws specifically regarding social media and hiring, discrimination claims could arise. The paper concludes that social media can be a useful addition to traditional recruiting, but should not replace in-person evaluations and résumés. Employers must take care not to violate privacy or allow bias in social media-informed decisions.
This document discusses the impact of social media use in the workplace. It provides statistics on major social media platforms and their users. It then outlines how employers can use social media for recruiting, branding, and collaboration. However, it also notes potential legal pitfalls for employers regarding discrimination, wage/hour issues, privacy, monitoring, and recordkeeping. Overall, the document examines both the opportunities and challenges that social media presents for employers.
Social media - employer considerationsMalcolm York
The document summarizes a presentation given on employer considerations regarding social media use. It notes the benefits of social media use for businesses but also discusses key issues like employees acting inappropriately online or criticizing employers. It outlines legal risks around discrimination, confidential information, recruitment practices, and loss of productivity or reputation. The document recommends introducing a social media policy to clarify rules around social media use at work and disclaimers, and to avoid potential legal issues. It offers services from The Personnel Dept like providing social media policies or HR support.
Energy Audit Retrofit Contract Legalities PittfallsAmy Shriner
This document discusses legal issues related to social media use by employers and employees. It outlines various risks including damage to reputation, liability, disclosure of confidential information, and disputes over ownership of social media accounts. The document also examines potential legal claims involving discrimination, privacy concerns, National Labor Relations Act issues, and intellectual property. It emphasizes the importance of preserving social media evidence and complying with industry regulations regarding document retention.
A copy of the Employment Law presentation given at the Kansas City CFO Breakfast Series event. Topics in this presentation include:
- Social Media As Company “Property”
- Legal Issues Affecting Ability to Protect
- Whistleblowers—Current Trends
“- Hot Issues”-A speedy checklist
How much-does-the-law-school-you-went-to-matter-when-you-lateral-firmsBCG Attorney Search
This document analyzes data from over 100 law schools on the number of interviews and placements their graduates received when seeking lateral moves at law firms. It contains 15 charts that examine trends from 2015-2016, comparing factors like school size and prestige. The data suggests the law school attended does influence hiring, with top-tier schools receiving more opportunities, though work experience is ultimately most important to firms.
The document discusses challenges with recruiting and retaining blue-collar workers in the UK. It finds that nearly half of UK employers struggle to recruit these workers, with issues most acute in industries like hospitality, catering, leisure and retail. Retention is also a problem, with low pay, unsocial hours and lack of career progression cited as major reasons workers leave their jobs. Recruitment and retention difficulties lower business productivity and growth. Brexit is predicted to exacerbate staffing issues, with many employers expecting it to negatively impact future recruitment of blue-collar roles.
This document summarizes a research study on the impact of social media on future employment. The study surveyed 200 employees and student athletes about their social media use and privacy settings. It analyzed how discretion on social media platforms like Twitter, Instagram, and Facebook could affect employment and eligibility to play sports. The research found that social media posts can invade privacy and restrict self-expression, and that many users are unaware of how their online actions could impact their careers or status as athletes. The document reviews several other studies that similarly examine how employers use social media for hiring decisions and how content online can negatively influence jobs and evaluations.
A care assistant is fired for posting insults about the elderly residents in her care and a waitress loses her job for posting a negative comment about customers – the number of firings related to employees’ use of Facebook is growing fast. They also highlight the increasingly blurred boundary between private and work life online. In an effort to help employers develop a fair and effective social media policy, the Direct Marketing Association (DMA) Social Media Council has published a white paper: ‘Staff Use of Social Media Policy – Legal Dimension’.
Learn how to better use Big Email Data and analytics to solve your business challenges. Sign up with me for your training to discover how to use LinkedIn and Big Email Databases to understand your local and global customers, identify high-potential prospects, recruiters, or people with the right skills that you want to hire. Get fresh findings on how to use Geodemographic data you already have to build your LinkedIn connections and business prospects.
Companies have ethical responsibilities when marketing through blogs and social media. Some companies have used deceptive practices like creating fake blogs without disclosing their identity or relationship to clients. Social networking sites also have responsibilities to protect user privacy and security, especially for minors, but some sites have released private user information or allowed children to sign up without parental consent. Both companies and users need to practice ethical behavior and ensure security when sharing personal information online.
f you find this policy useful, I hope you'll consider sharing it with your social network on Twitter, Facebook or Linkedin. If you'd like to blog or reference this policy in another work, please use the phrase "social media policy template" as your anchor text and attribute it to www.ericschwartzman.com.
Third parties are actively seeking out end-user information using FacebookDaniel Ilunga
Facebook poses serious privacy risks to users according to the document. It identifies three main factors that undermine user privacy: users disclose too much personal information, Facebook does not adequately protect user data, and third parties actively seek user information via Facebook. Specifically, the document finds flaws in Facebook's terms of service, security vulnerabilities that could lead to data breaches, lack of user control over their personal information, and disclosure of user data to advertisers without clear user consent. In conclusion, the document asserts that using social media inherently exposes users' privacy due to platforms' inability to fully protect data and lack of transparency around how personal information is used.
This document discusses the legal risks employers face when using social media for HR purposes like hiring and firing decisions. It recommends that employers develop a social media use policy created by a multidisciplinary team, educate management on relevant laws, standardize policies and procedures, train all staff thoroughly, monitor employee online behavior, and take prompt action when issues arise. A case study example illustrates how following an existing social media policy could have prevented litigation for a school district. Overall, the document argues that codifying company policy on social media use is crucial for reducing employer liability.
Social Media in the Workplace
Linky Trott
Abstract
There is no doubt that most businesses use social media and collaboration tools
such as social business software of some kind or another and embrace the
benefits that these can bring. In a 2009 a global Manpower survey, businesses
identified the main benefits of using social media as; brand building, fostering
collaboration and communication, as way of recruiting new talent, improving
employee engagement and driving innovation.
But there are also risks. This article examines the main legal risks that can arise
in the workplace as between a business and its workforce and considers how
the Courts and Tribunals are responding to social media issues arising in the
workplace.
Introduction
If a business has a concern about the use of social media, a blanket ban is
clearly an option. Whilst that may feel like the most simple approach, it is
unlikely to be practical. Even as far back as 2009, the Manpower survey
observed that “the younger generation consider social media tools as a
Biography
Linky Trott is a Partner at law firm, Edwin Coe. She provides day to day advice on a
comprehensive range of employment issues for established corporate clients including
the negotiation and provision of strategic advice on severance arrangements, bullying
and harassment claims, the management of ill health and capability dismissals, dealing
with allegations of discrimination, collective redundancies and Board disputes.
Linky also undertakes High Court injunctive work to enforce or resist post termination
restraints and the protection of confidential information. Working with Senior
Executives and Board Directors, Linky regularly advises and helps to negotiate terms
of Executive service agreements to include bonus schemes, guaranteed payments and
share options in regulated and non regulated industries. She has provided strategic
advice on a number of successful team moves within the communications and financial
sector acting for both the poaching competitor and the individuals being approached.
Linky also advises on data protection, commercial agents and the Conduct of
Employment Businesses and Employment Agency issues.
Linky sits on the Employment Committee of the Law Society and is Chair on the In and
Around Covent Garden Business Forum. She is also a member of the Employment
Lawyers Association, and has appeared on ITV and Channel 4 commenting on
Employment Law issues arising in the news and is a regular speaker at conferences on
employment issues.
Linky Trott
Partner
Edwin Coe
Keywords Risk, Rewards, Safeguards, Recruitment, Human Rights Act 1998
Paper type Opinion
23 Credit Control
Legal Aspects
prerequisite for doing business” and with generation Y having been in the
workplace for around ten years, it is unlikely that staff will tolerate a blanket ban.
Time wasters
Employers can of course monitor an employe.
Social Media And The Workplace February 2012PBeisty
This document provides guidance on using social media in the workplace. It discusses potential issues like using social media for recruitment, protecting confidential information, legal liability, and impact on productivity or reputation. It recommends employers create a social media policy that prohibits things like harassment, sets standards for acceptable use, and monitors compliance. The policy should balance employee rights with limiting legal risks for the employer.
Creating a Dealership Social Media Policy With TeethJim Radogna
This document provides guidance on developing an effective social media policy to build a brand while avoiding legal issues. It discusses how social media policies should cover appropriate employee use, potential legal risks, and guidelines for using social media in hiring decisions. It also summarizes laws around discrimination, privacy, overtime pay, harassment, and prohibiting fake reviews or disclosing relationships with reviewers.
22% of employees visit social networking sites 5 or more times per week, yet only 54% of employers have a policy dealing with social media inside and outside the workplace. During this presentation, participants will learn about potential legal issues involved in adopting a policy and how to avoid those issues. Sample provisions will be discussed and recommended actions addressed.
Presented by Jackson Lewis.
Blake Lapthorn's In-House Lawyer and Decision Makers' forumBlake Morgan
Blake Lapthorn's Litigation Dispute Resolution and Employment teams joined up to present a forum on social media and confidentiality on 17 September 2013, at Blake Lapthorn's Oxford office.
Managing Social Media in the WorkplaceEric Swenson
The impact of social media in the workplace is growing. Time is being wasted, employees are 'friending' each other and liability for these issues is a litigation attorney's dream come true.
This paper examines employers' use of social media for recruitment and hiring. It discusses how employers are increasingly using sites like LinkedIn and Facebook to find potential candidates in a cost-effective way. However, using social media profiles can introduce ethical issues if employers base decisions on protected attributes or non-job related information. While there are no laws specifically regarding social media and hiring, discrimination claims could arise. The paper concludes that social media can be a useful addition to traditional recruiting, but should not replace in-person evaluations and résumés. Employers must take care not to violate privacy or allow bias in social media-informed decisions.
This document discusses the impact of social media use in the workplace. It provides statistics on major social media platforms and their users. It then outlines how employers can use social media for recruiting, branding, and collaboration. However, it also notes potential legal pitfalls for employers regarding discrimination, wage/hour issues, privacy, monitoring, and recordkeeping. Overall, the document examines both the opportunities and challenges that social media presents for employers.
Social media - employer considerationsMalcolm York
The document summarizes a presentation given on employer considerations regarding social media use. It notes the benefits of social media use for businesses but also discusses key issues like employees acting inappropriately online or criticizing employers. It outlines legal risks around discrimination, confidential information, recruitment practices, and loss of productivity or reputation. The document recommends introducing a social media policy to clarify rules around social media use at work and disclaimers, and to avoid potential legal issues. It offers services from The Personnel Dept like providing social media policies or HR support.
Energy Audit Retrofit Contract Legalities PittfallsAmy Shriner
This document discusses legal issues related to social media use by employers and employees. It outlines various risks including damage to reputation, liability, disclosure of confidential information, and disputes over ownership of social media accounts. The document also examines potential legal claims involving discrimination, privacy concerns, National Labor Relations Act issues, and intellectual property. It emphasizes the importance of preserving social media evidence and complying with industry regulations regarding document retention.
A copy of the Employment Law presentation given at the Kansas City CFO Breakfast Series event. Topics in this presentation include:
- Social Media As Company “Property”
- Legal Issues Affecting Ability to Protect
- Whistleblowers—Current Trends
“- Hot Issues”-A speedy checklist
How much-does-the-law-school-you-went-to-matter-when-you-lateral-firmsBCG Attorney Search
This document analyzes data from over 100 law schools on the number of interviews and placements their graduates received when seeking lateral moves at law firms. It contains 15 charts that examine trends from 2015-2016, comparing factors like school size and prestige. The data suggests the law school attended does influence hiring, with top-tier schools receiving more opportunities, though work experience is ultimately most important to firms.
The document discusses challenges with recruiting and retaining blue-collar workers in the UK. It finds that nearly half of UK employers struggle to recruit these workers, with issues most acute in industries like hospitality, catering, leisure and retail. Retention is also a problem, with low pay, unsocial hours and lack of career progression cited as major reasons workers leave their jobs. Recruitment and retention difficulties lower business productivity and growth. Brexit is predicted to exacerbate staffing issues, with many employers expecting it to negatively impact future recruitment of blue-collar roles.
This document summarizes a research study on the impact of social media on future employment. The study surveyed 200 employees and student athletes about their social media use and privacy settings. It analyzed how discretion on social media platforms like Twitter, Instagram, and Facebook could affect employment and eligibility to play sports. The research found that social media posts can invade privacy and restrict self-expression, and that many users are unaware of how their online actions could impact their careers or status as athletes. The document reviews several other studies that similarly examine how employers use social media for hiring decisions and how content online can negatively influence jobs and evaluations.
A care assistant is fired for posting insults about the elderly residents in her care and a waitress loses her job for posting a negative comment about customers – the number of firings related to employees’ use of Facebook is growing fast. They also highlight the increasingly blurred boundary between private and work life online. In an effort to help employers develop a fair and effective social media policy, the Direct Marketing Association (DMA) Social Media Council has published a white paper: ‘Staff Use of Social Media Policy – Legal Dimension’.
Learn how to better use Big Email Data and analytics to solve your business challenges. Sign up with me for your training to discover how to use LinkedIn and Big Email Databases to understand your local and global customers, identify high-potential prospects, recruiters, or people with the right skills that you want to hire. Get fresh findings on how to use Geodemographic data you already have to build your LinkedIn connections and business prospects.
Companies have ethical responsibilities when marketing through blogs and social media. Some companies have used deceptive practices like creating fake blogs without disclosing their identity or relationship to clients. Social networking sites also have responsibilities to protect user privacy and security, especially for minors, but some sites have released private user information or allowed children to sign up without parental consent. Both companies and users need to practice ethical behavior and ensure security when sharing personal information online.
f you find this policy useful, I hope you'll consider sharing it with your social network on Twitter, Facebook or Linkedin. If you'd like to blog or reference this policy in another work, please use the phrase "social media policy template" as your anchor text and attribute it to www.ericschwartzman.com.
Third parties are actively seeking out end-user information using FacebookDaniel Ilunga
Facebook poses serious privacy risks to users according to the document. It identifies three main factors that undermine user privacy: users disclose too much personal information, Facebook does not adequately protect user data, and third parties actively seek user information via Facebook. Specifically, the document finds flaws in Facebook's terms of service, security vulnerabilities that could lead to data breaches, lack of user control over their personal information, and disclosure of user data to advertisers without clear user consent. In conclusion, the document asserts that using social media inherently exposes users' privacy due to platforms' inability to fully protect data and lack of transparency around how personal information is used.
This document discusses the legal risks employers face when using social media for HR purposes like hiring and firing decisions. It recommends that employers develop a social media use policy created by a multidisciplinary team, educate management on relevant laws, standardize policies and procedures, train all staff thoroughly, monitor employee online behavior, and take prompt action when issues arise. A case study example illustrates how following an existing social media policy could have prevented litigation for a school district. Overall, the document argues that codifying company policy on social media use is crucial for reducing employer liability.
Social Media in the Workplace
Linky Trott
Abstract
There is no doubt that most businesses use social media and collaboration tools
such as social business software of some kind or another and embrace the
benefits that these can bring. In a 2009 a global Manpower survey, businesses
identified the main benefits of using social media as; brand building, fostering
collaboration and communication, as way of recruiting new talent, improving
employee engagement and driving innovation.
But there are also risks. This article examines the main legal risks that can arise
in the workplace as between a business and its workforce and considers how
the Courts and Tribunals are responding to social media issues arising in the
workplace.
Introduction
If a business has a concern about the use of social media, a blanket ban is
clearly an option. Whilst that may feel like the most simple approach, it is
unlikely to be practical. Even as far back as 2009, the Manpower survey
observed that “the younger generation consider social media tools as a
Biography
Linky Trott is a Partner at law firm, Edwin Coe. She provides day to day advice on a
comprehensive range of employment issues for established corporate clients including
the negotiation and provision of strategic advice on severance arrangements, bullying
and harassment claims, the management of ill health and capability dismissals, dealing
with allegations of discrimination, collective redundancies and Board disputes.
Linky also undertakes High Court injunctive work to enforce or resist post termination
restraints and the protection of confidential information. Working with Senior
Executives and Board Directors, Linky regularly advises and helps to negotiate terms
of Executive service agreements to include bonus schemes, guaranteed payments and
share options in regulated and non regulated industries. She has provided strategic
advice on a number of successful team moves within the communications and financial
sector acting for both the poaching competitor and the individuals being approached.
Linky also advises on data protection, commercial agents and the Conduct of
Employment Businesses and Employment Agency issues.
Linky sits on the Employment Committee of the Law Society and is Chair on the In and
Around Covent Garden Business Forum. She is also a member of the Employment
Lawyers Association, and has appeared on ITV and Channel 4 commenting on
Employment Law issues arising in the news and is a regular speaker at conferences on
employment issues.
Linky Trott
Partner
Edwin Coe
Keywords Risk, Rewards, Safeguards, Recruitment, Human Rights Act 1998
Paper type Opinion
23 Credit Control
Legal Aspects
prerequisite for doing business” and with generation Y having been in the
workplace for around ten years, it is unlikely that staff will tolerate a blanket ban.
Time wasters
Employers can of course monitor an employe.
Social Media And The Workplace February 2012PBeisty
This document provides guidance on using social media in the workplace. It discusses potential issues like using social media for recruitment, protecting confidential information, legal liability, and impact on productivity or reputation. It recommends employers create a social media policy that prohibits things like harassment, sets standards for acceptable use, and monitors compliance. The policy should balance employee rights with limiting legal risks for the employer.
Creating a Dealership Social Media Policy With TeethJim Radogna
This document provides guidance on developing an effective social media policy to build a brand while avoiding legal issues. It discusses how social media policies should cover appropriate employee use, potential legal risks, and guidelines for using social media in hiring decisions. It also summarizes laws around discrimination, privacy, overtime pay, harassment, and prohibiting fake reviews or disclosing relationships with reviewers.
22% of employees visit social networking sites 5 or more times per week, yet only 54% of employers have a policy dealing with social media inside and outside the workplace. During this presentation, participants will learn about potential legal issues involved in adopting a policy and how to avoid those issues. Sample provisions will be discussed and recommended actions addressed.
Presented by Jackson Lewis.
Blake Lapthorn's In-House Lawyer and Decision Makers' forumBlake Morgan
Blake Lapthorn's Litigation Dispute Resolution and Employment teams joined up to present a forum on social media and confidentiality on 17 September 2013, at Blake Lapthorn's Oxford office.
Social Media for HR - Creating an Effective PolicyElizabeth Lupfer
The Social Workplace / Verizon presentation on creating a Social Media Policy from an HR perspective. Presented at The Conference Board's seminar on Social Media and HR on April 13, 2011.
This document discusses social media and its interaction with HR/employment issues. It covers topics like:
1) Employers checking applicants' social media profiles during hiring can find personal information but also information protected by laws like genetic information or past criminal history.
2) Employers should have tailored social media policies to address issues while avoiding interfering with employees' rights to engage in protected concerted activities.
3) The NLRB has ruled that terminating employees for some social media use, like discussions of working conditions, can violate the NLRA, while other uses like inappropriate or offensive individual comments are not protected.
see attachedTitle social Media in the work placeWhat is the .docxbagotjesusa
see attached
Title social Media in the work place
What is the advanges and disadvanges of social media in the work place
the effect of social media in the workplace
10 The Enterprise Feb. 1-7,2010
Social media and the workplace Manners and your bottom line
In some social circles,if you aren't "tweeting,"
you're considered disconnected or entirely out of
touch. Certainly, it seems that social networks like
Twitter, Facebook, Linkedin and other Web 2.0
environments have eclipsed comer bars, coffee
houses and country clubs as the common gathering
places for some groups. Take, for example.
Generation Y. By 2010, Gen Y will outnumber
their Baby Boomer predecessors, and 96 percent of
them have joined a social network. What's more, if
Facebook were a country, it would be the world's
fourth largest nation, with 300 million "citizens."
But individuals aren't the only ones socializing
online. Companies are finding a voice within
social networks too. Just a short decade
ago companies were creating inviting Web
sites to allow their constituents to visit
them. Now, many courageous companies
are reaching outside their firewalls
and enlisting social media forums, like
Twitter and Facebook, to actively engage
and directly communicate with their
constituents. Others are generating original
content and encouraging discussion about
their products and services through blogs
and chat rooms on their Web sites. .
But despite the relatively widespread adoption
of social media among companies for purposes
of marketing and PR, many businesses are still
struggling with the " i f and "how to" of allowing
access to social media within the workplace. In
fact, one recent study reported that 54 percent of
companies prohibit any access to social media
networks on the job, and another 19 percent of
companies permit only limited access solely for
business purposes. Why?
Businesses and their management teams
have valid concerns about opening the door,
or firewalls as the case may be, to social media,
but proponents for employees' open access have
equally compelling arguments to counter those
concerns. For example, business leaders worry that
they'll see a decrease in productivity if employees
are allowed to access their Twitter or Facebook
accounts from their office, but others will argue that
access to social media networks actually promotes
productivity because workers can conduct more
thorough research and interact with coworkers and
customers more effectively. Proponents also point
out that workers who are able to tweet during work
hours are more likely to respond to work e-mails or
check voicemail during non-work hours.
Of course, many managers voice serious
concerns about the potential for employees to leak
confidential company information, spread negative
comments about the company or conduct illegal
online activity from the workplace. Certainly these
are real issues for company leaders to consider.
Given the prevalence of social media today,
however, it is beg.
Employee use of social media - chapter 2. Disciplinary Action and Social MediaNiki Avraam
This document discusses disciplinary action related to employee use of social media. It provides examples of cases where disciplinary action was considered fair, including: 1) An employee sharing sexist and racist views online, inconsistent with their work. 2) An employee making rude comments about a company's customers that were viewed by many. 3) An employee damaging a company's brand image. 4) An employee being dismissed for bondage activities discovered online that conflicted with their work with sex offenders. 5) An employee bullying a coworker online. The document advises employers to create social media policies, train employees on appropriate use, and take action against harassment.
Social engineering attacksSocial engineering attacks involve man.docxrosemariebrayshaw
Social engineering attacks
Social engineering attacks involve manipulating or tricking victims to disclose sensitive data in order for the attacker to access and disrupt the network. Not having proper cybersecurity measures could lead to a lot of chaos.
One of the popular social engineering attacks was the Yahoo Security breach which had happened twice in the company’s history. One of them had occurred in 2013 when a lot of confidential information of about 3 billion users had been compromised. It included details such as the names, email addresses of the associated with them, phone numbers, passwords, date of births, etc. It had allowed hackers to get access to any accounts without the use of a password. The information was later put on the dark web which could have been used to carry out more scams.
In order to prevent such malicious attacks from occurring, a few measures can be taken such as-
Personal information shouldn’t be posted online on any social media platform or over-sharing of such information needs to be avoided. Unknown Email links or attachments shouldn’t be opened and security measures need to be implemented in the company in order to protect data and interests of its employees. A good data protection training program needs to be given to make the employees aware of the implications of disclosing such sensitive and confidential data. In order to prevent such cyber-crimes from happening, people need to all the more stay alert and take precautions to keep themselves safe.
References
DOBRAN, B. (2018, September 27). Retrieved from https://phoenixnap.com/blog/famous-social-engineering-attacks
DOBRAN, B. (2019, February 26). Retrieved from https://phoenixnap.com/blog/what-is-spear-phishing-definition-prevention
team, S. t. (2019, August 20). Retrieved from https://securitytrails.com/blog/social-engineering-attacks
Running Head: CASE STUDY
PAGE
7
CASE STUDY
Week1
The success of Pharma-Fact relies on how effective the management has linked the business strategy to the human resource strategy of the organization (Armstrong & Brown,2019). The performance of the company has been affected recently due to the engagement of employees who are not qualified in various responsibilities within the organization. Furthermore, the recruitment strategy for the organization has not been aligned to its strategic objectives. The organization has been recruiting employees based on referrals by their friends already in the organization despite their incompetence in various roles.
The organizational growth has slowed for the last two years due to low productivity by the employees. Most of the employees in the company are not committed in their work, an aspect that has hindered the growth and development of the company. Lack of commitment has been attributed to the complexity of tasks experienced by most of the employees du.
The document provides 5 key employment law tips regarding social media:
1. Using an applicant's social media during recruitment can lead to discrimination claims if it is used to reject them, so applicants should be informed of vetting methods.
2. Businesses can legally control LinkedIn connections made by employees in the course of their work as company property.
3. Employees' private social media posts can still give rise to employment claims against their employer if the posts are seen as acting in the course of employment.
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Adecco Global Social Recruiting Study Global Results 2014AdeccoGroup
The Adecco Global Social Recruiting Study
Whether you're a Job Seeker or a Recruiter, our study has some key insights for you.
Job Seekers: get the most out of the unlimited opportunities available through the proper use of social networks.
Recruiters: find out how to improve the quality of your professional social media practices.
Some background
The digital age is transforming the recruitment industry, allowing companies to reach targeted candidates and create new forms of employer branding, as well as helping candidates interact with their potential future employer. Recruitment is more dynamic than ever due to the uptake of social media, both for small businesses, as well as large corporations. For job seekers, social media is a valuable tool to find opportunities and advance careers.
The study
Recruiting is increasingly social and Adecco wants to know how it works. We conducted a survey between March 18 and June 2, 2014, collecting responses from 17,272 candidates and 1,501 recruiters from 24 countries. We want to understand how candidates search for jobs on social media, which tools they use, and how they present themselves online. We also interviewed the recruiters to discover how companies operate on social media, which tools they use, and what they look for in their recruiting process.
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- The importance of web reputation
- The social capital of individual candidates
- How recruiters explore the web when looking for a candidate
You can download all reports and infographics on www.adecco.com/socialrecruiting
Follow us on Facebook: www.facebook.com/adecco
Follow us on Twitter and Instagram: @AdeccoGroup
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If you prefer to subscribe to get replays on YouTube go here https://thisis.fyi/videotutorials
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William Fry Social Media In The Workplace A Report On Irish Businesses May 2013
1. Social Media in the Workplace
William fry
employment
report 2013
2. CONTENTS
• Overview 3
• Recruitment 4
• Ownership 5
• Productivity 8
• Brand Protection 9
• Disciplinary Issues 10
• Social Media Policy 12
• About William Fry 15
• About the Research 16
3. - 3 -
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
Overview
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.
Our survey examines a number of areas in connection with
the use of social media in the workplace, including its
importance in the recruitment process, its effect on
productivity, ownership of social media accounts and their
contents and disciplinary issues.
Our findings show that evidence on social media of behaviour
such as bad language or discriminatory views of job
candidates would influence employers in the decision to hire.
In relation to Recruitment we consider the extent to which
employers can screen the online activity of job candidates.
A key emerging issue 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. 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.
Business is turning to social media to enhance and
strengthen brands. Social media facilitates online
relationships with potential customers or clients. To
assist Brand Protection, employers should set out clear
guidelines on communications on social media.
Disciplinary Issues may arise in connection with employees’
social media activity. Employers may be held vicariously liable
for acts of bullying or harassment of employees carried out by
their colleagues on social media sites.
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. Given
the speed of developments in this area, the social
media policy should be updated regularly and effectively
communicated to all employees.
The overriding message for employers is 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.
4. - 4 -
RECRUITMENT
Our survey results indicate that employers
would be influenced by evidence on social
media of behaviour such as discriminatory
views and bad language when it comes to
job applicants. Social media 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 Irish legislation prohibiting an
employer requesting login details. However,
when an employer reviews a job candidate’s
social media accounts, two issues should
be considered.
Candidates are protected by the employment
equality legislation which prohibits
discrimination on the 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 prohibited grounds and seen by the
prospective employer on the candidate’s
social media accounts.
• If reviewing a candidate’s social
media account 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 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 negatively
influenced 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.
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 over 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 about 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 any use
by him of the LinkedIn contacts and any
business obtained from them.
6. - 6 -
of employers have discussed
with their employees the position
regarding work-related contacts
on social media accounts when
employment ends.
17%
onlyAfter 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, judgment 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.
OWNERSHIP
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 do so.
• 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®
LinkedIn®
Best Practice
UNSURE
61%
WE OWN
15%
EMPLOYER
THINKS
OWNERSHIP
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.
ON AVERAGE
EMPLOYEESSPEND
56MINUTES
per working day
on social media sites.
• Set realistic limits for
employees regarding the
accessing of social media sites
at work 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.
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 about
the employer.
• 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 employer
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 Domino’s Pizza 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
on 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 activity 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 its
reputation and to observe its 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. The
Employment Appeals Tribunal 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 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 before
the Employment Appeals Tribunal. The
Employment Appeals 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,
sanctions for misconduct in relation
to social media must be proportionate
to the circumstances and the
disciplinary process must be fair.
In Toland v Marks Spencer (2013)
Ms Toland was awarded €18,000
compensation in her claim for unfair
dismissal. Ms Toland was dismissed
for a breach of the organisation’s social
networking policy. In giving evidence to
the Employment Appeals Tribunal, Ms
Toland said that her participation in 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”.
Mr Otomewo brought a claim against
Carphone Warehouse alleging
harassment on the ground of sexual
orientation. At an Employment
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. It
was unwanted and an unnecessary and
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 their 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 sanctions 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
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 Apple.
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.
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.
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
1%Poster
3%
Update of
Contract
10%Word of Mouth
16%Manual
21%Intranet
36%Training
46%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.
• Consider allowing social media access
in moderation – set realistic limits
regarding usage during work hours;
confirm that use of social media during
working hours, in breach of limits set,
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
- 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
When preparing your organisation’s social media policy the following points should be considered:
• 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 -
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’s 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
16. - 16 -
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 with 50 employees or more. A range of questions relating to
social media in the workplace was 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 interviews were 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
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