Keeping up to date with the rise of Social Media: Top Tips for employers

1.    Know the risks

Social media has many benefits and is a valuable tool in the modern workplace.  However, it carries various risks.  Employers will need to be aware that they can be vicariously liable for an employee’s posting on social media. Cyber security is another threat and employers should ensure that employees are educated about the risk, that there are sufficient security measures in place and that disaster recovery arrangements work.

Our Commercial, Media & Technology team has extensive experience helping companies navigate the risk of cyber security.   

2.    The value of policies

The value of having a policy shouldn’t be underestimated.  It helps regulate the workplace environment and informs employees of what is acceptable.  Having a clear policy, reinforced by appropriate training, can be crucial in the event that an employer disciplines or dismisses an employee for inappropriate use of social media. There have been several Employment Tribunal cases that have highlighted the importance of a well-known and well-understood policy, in ensuring that dismissals are fair.

There are a range of policies that can assist employers in managing social media in the workplace and we would be happy to assist on setting those up.   

3.    Be mindful about monitoring

The right of employers to monitor an employee’s use of social media is limited.  Employers should be mindful of an employee’s privacy and any monitoring should be undertaken on a proportionate basis following an impact assessment, for legitimate purposes and with the employee clearly informed of the monitoring. If social media is monitored as part of recruitment, employers will also need to be aware of potential data protection and discrimination issues.

If you are unsure about what is permitted, please feel free to get in touch with us.

4.    Make sure any disciplinary action is proportionate

When there has been improper social media usage and the employer believes there to be reputational damage, an employer should ensure that any disciplinary action is proportionate to the damage caused.  Employers should carefully consider the severity of what the employee has done and any dismissal should be a reasonable response.

If you are faced with an employee who has done something wrong on social media, we can assist you through the disciplinary process.

5.    Keep protected

The rise of social media has seen a boom in the use of LinkedIn, but when that employee departs, the ownership of business contacts comes into sharp focus. Employers should consider putting in place measures to safeguard its confidential information.

These points will help guide you but if you have any questions, we will be happy to advise you.
Restrictive Covenants are one way to protect business contacts – Please look out for our seminars on restrictive covenants in February and April 2015. 

Merrill April