Employment Law Help with the
Use of Social Media
Twitter, Facebook, LinkedIn and YouTube are only
some of the social networking sites that link millions of people across
the world every day and have become a key tool for people to connect,
network and communicate with each other. As technology develops, the use
of social media has become integral to the way we live our lives and it
has impacted the way we interact.
Many organisations use social media to advertise, promote and market
their business and services, or to attract new candidates to vacancies.
However the impact social media has had on organisations has not always
been a positive one and an employee’s use of sites such as these could
expose employers to serious legal liabilities.
Debate in this area is significant and so much more so due to a recent
case for constructive dismissal that reached Employment Tribunal. A HR
professional has been disciplined for information he posted on his CV
about his employer which was uploaded to his LinkedIn profile. The
company was also allegedly unhappy that the HR professional in question
had ticked a box indicating that he was interested in ‘career
opportunities’. This was deemed to be an inappropriate use of social
media and following disciplinary action, the employee resigned and has
subsequently claimed constructive dismissal.
Although the case was adjourned until May, opinion on the subject rages.
Many believe that keeping abreast of opportunities broadens knowledge of
the market and promoting the firms initiatives to reduce turnover shares
best practice and puts the firm in a positive light. Others are
considering what the boundaries are in terms of commercial
confidentiality and whether the fact that LinkedIn is essentially a
business and careers networking site impacted on the decision to take
disciplinary action.
The case may never reconvene as it could be settled before May, however
the general opinion is that although the firm were heavy handed, it may
be an uphill battle to prove constructive dismissal in these
circumstances. Nevertheless, it is also considered that uploading
information on LinkedIn from a published annual report is not serious
misconduct and any organisation treating it so should tread carefully.
Organisations should formulate social media policies in order to protect
themselves and ensure employees are aware of what is considered to be
acceptable and what is unacceptable. Although the concept of online
networking is no different to doing so face to face, as an employee, if
there is something you would avoid