How to manage the use of Facebook, Twitter LinkedIn et al at work and beyond

 

One of the most difficult challenges that many businesses face is how to manage their employees and their use of social networking sites.

In general there are two main areas of concern –

• Content – what are your employees posting on these sites?

 

• Usage – how often are your employees on these sites when they should be working and what are they using these sites for?

 

This is a complicated and potentially difficult area and this page is designed to provide an overview to help you. For detailed help in creating, implementing and managing policy in this area please call us on 01543 308642

 

With Regard to content you may have seen in the press, on the television and in other media, that there have been a large number of cases before Employment Tribunal concerning what has been posted on web sites by employees.

We have certainly been involved in disciplinary cases and dismissals for companies where employee’s have called in sick only to post later on using Facebook or Twitter that they are having a great time at a party (or similar).

A recent case highlights one of the potential difficulties in this area when a woman won her unfair dismissal claim as what she had posted was, in the opinion of the judge, “relatively mild.”

In that particular case there were other factors which lead to the decision being found in her favour, but it highlights one of the most challenging aspects of this issue – how someone’s comments may be interpreted. What one person feels is reasonable another may think is highly offensive. (Any of you who receive our newsletter will know exactly what we mean!!)

In simple terms the most sensible thing for businesses to do is to set out a clear policy on Social Networking and its use. Give clear instructions that if employees do post remarks using such media then their remarks may be investigated and that any remarks which may be viewed as defamatory or that could potentially damage the reputation of the business may face disciplinary action.

It is then up to the disciplinary officer to ensure that any investigation has been thorough and has reasonably covered all aspects and then to ensure that any mitigation is properly taken into consideration before reaching a decision.

*It is if course essential that the correct process has been followed in accordance with ACAS guidelines and that the employee concerned is given all of their statutory rights.

Usage presents a different set of challenges.

The advance and constant development of mobile devices means that many people seem almost permanently attached to their mobile phone. In addition many people need to use these tools as part of their job making it harder for employers to judge when these employees are working or not.

The very recently publicised case of an HR executive claiming constructive unfair dismissal from his employers over his use of the LinkedIn website presents another challenge in this area. Certainly you would expect an HR Executive involved in recruitment to be fully aware and probably a user of LinkedIn. LinkedIn is a widely used tool and the outcome of this case could have significant impact on future policies.

The most sensible option that you can take as a business regarding the use of Social Media at work is to set out clear and simple guidelines for your employees.

If your employee’s roles do not require them to use a mobile device as part of their work then it is very simple to set out clear rules and to enforce the rules through effective management.

We have come across countless examples of businesses employing people in such roles who appear to have great difficulty in managing the use of personal mobile devices at work.

Our approach is to suggest that you clerarly communicate your rules, ensuring that they are understood by your employees and then making sure that your managers manage according to those rules.

For those employees who need to use such devices as part of their role you should similarly set out clear guidelines on the personal use of such tools during working time. Provide a clear monitoring policy so that your employees are aware that internet use at work will be monitored and communicate what the potential consequences of transgression may be.

Employees who transgress would then be subject to investigation and potential disciplinary action in accordance with ACAS guidelines and as set out above.

DISCLAIMER – should you decide to use any of the information provided on this site without our expert guidance, you do so at your own risk. 

Almost every employment/employee related situation is unique and as such it is always wise to seek specific expert advice before undertaking any action.