InView Autumn/Winter 2015

Issue 2 | Autumn/Winter 2015
23
Social media platforms such
as Twitter and Facebook provide
fast and effective opportunities to
raise your profile, network and advertise.
However, misuse of social media by workers
costs Britain’s economy billions of pounds every
year, and raises many challenges for employers.
Set out below are some of the common problem areas.
Managing performance
Detrimental impact upon productivity: employees’
productivity can suffer significantly if there are not clear
guidelines as regards to the personal use of social media
during work time.
Work organisation / expectation: social media often blurs the
distinction between work and home life. While this flexibility
has advantages for both employers and employees,
employers must be reasonable about work demands
placed on staff outside normal working hours. In addition,
employers should be alive to the welfare issues that might
arise with those employees who find it hard to ‘switch off’ –
an ability to access work remotely can impact upon longterm
wellbeing and performance.
Cyber bullying
It is important for companies to communicate in their
bullying and harassment policy that online discrimination
and harassment will be treated as a disciplinary issue in
the same way as any other form of harassment, whether it
occurs at work or outside of work.
Searching for, viewing, storing and sending in
appropriate material
Employers must establish clear guidelines about their
expectations and the consequences should employees search
for, view, store or send inappropriate material to colleagues
whilst at work or, indeed, transmit inappropriate material to
colleagues etc whilst away from work. The nature of material
viewed by an employee in the privacy of their own home may
also be a legitimate concern for their employer if it calls into
question their suitability for their role.
Risks of damage to your brand’s reputation
Employers should also establish clear guidelines on social
networking, ensuring that comments posted online cannot
be linked to your organisation and emphasising that
employees are expected to protect your reputation. On top
of this, an employee’s comments may be defamatory and
may leave your organisation open to a libel action.
Confidential information & data protection
Confidential information: there is an ever-present risk of
employees posting confidential information online, usually
inadvertently but sometimes deliberately. Employment
contracts, social networking and other relevant policies
should be reviewed to ensure that they provide specific
guidance to employees about this issue.
Data protection: employers should take steps to ensure that
employees understand that it is not appropriate to disclose
personal data relating to their colleagues on social media
without their permission.
Protective measures
There are various protective measures which employers
can take to guard against problems arising from employees’
use of social media, the key ones being:
■■
adopt a Social Media Policy: the first line of defence –
and point of reference – for any organisation should
be a social media policy which provides guidance for
employees on how to use social media in a work context
■■
■■
■■
adopt Company Guidelines for use of Social Media: staff
who use social media as part of the company’s strategic
marketing, public relations, corporate communications,
shareholder relations or recruiting activities should
be provided with company guidelines for use of social
media so that they can use an appropriate tone when
commenting via social media platforms, and avoid
saying the wrong thing
monitor company-related social media and
monitor third-party activity.
Mark Landon, Partner
020 7822 1905
mark.landon@weightmans.com