Articles

Twitter Ye Not

More and more employers are declaring blogging websites and social networking sites off limits during employment hours. It is not because all employers are killjoys (although some may be); it is because employees generally exhibit a profound absence of caution when using social networking websites.

It seems that everyone wants to be a social commentator these days, reckless to the danger of a claim for damages for libel. We continue to advise on an increasing number of defamation cases involving postings on online forums and social networking sites. These cases generally involve unfounded allegations of impropriety, either professionally or personally, and frequently, malicious comments are posted on social networking sites to bully and victimise.

The danger for employers is that they could also be liable if the complainant can demonstrate that the remarks were posted in the course of your business.  A seemingly innocuous remark about a colleague, a supplier or a client could have dramatic and expensive consequences. In the heat of the moment and in an extraordinary lack of judgment, your inner most thoughts about an individual could be carved in digital stone for all to read and circulate.

Responsible employers should therefore adopt a social networking usage policy which not only restricts access to social networking sites but also reminds its staff of the dangers of posting sensitive material on social networking sites. Users often forget that comments posted on-line particularly on a Facebook wall are public, and any derogatory or offensive remarks could lead to a claim.

Social networking sites also present a confidentiality risk. The disclosure of confidential information leading to a breach of confidence could be incredibly damaging for an employer. The disclosure of, for instance, details about a sensitive transaction could be extremely damaging for a business particularly if secrecy is paramount.

Other risk which may arise from usage of social networking sites is pre-employment screening of candidates. There is nothing unlawful about making checks on prospective employees but you must ensure that the practice does not discriminate against individuals or groups of individuals. For example, a C.V. is very unlikely to reveal the candidate’s race or sexual orientation. Whereas, this may be apparent from a Facebook page. Although it is unlikely that a candidate will be able to prove that the decision was motivated by screening, it is something to be aware of.

Social networking sites have also become a forum of choice for the victimisation and harassment of colleagues. Be aware that adverse comments posted by employees about a colleague will be referred to in Employment Tribunal proceedings as evidence of a pattern of discrimatory or unfair behaviour.

Allowing employees access to social networking sites in the workplace comes with a serious health warning. In the first instance, blogging and tweeting is not a productive use of an employee’s time, so why encourage it? Having a non-usage policy eliminates the risk of abuse during working hours. If you do permit limited usage make sure that you have clear guidelines. Libel claims deriving from the abuse of social networking sites are on the increase. Do not be a statistic. Compiling and adhering to a strict usage policy on social networking sites usage in the workplace will certainly protect against claims of this nature.

For more information on the use of social media in the workplace, contact Andrew Carter at our Milton Keynes office on 01908 202 150.