Caution over the use of social media in the office must find a fair balance

Having a staff social media policy is key for businesses, says Laura Anderson

Social media: technology platforms that have become both a blessing and a burden to businesses across the globe since February 2004, when Mark Zuckerberg launched what would become the world’s most popular social networking site, Facebook.

Fast-forward to 2017, and there are more than two billion active social media users and a raft of social networking sites. Four out of five UK adults own a smartphone, and on average, users spend a quarter of their time on their social media profiles.

According to a 2017 Global Web Index report, the average mobile internet user is now active on around eight different social channels. So what does this mean for business?

For some businesses, particularly those selling products or services, the popularity of social media among consumers and employees is encouraged – it is a free and far-reaching promotional tool and endorsement of a brand or product online is becoming a key purchase driver. It’s good for business – small and large.

However, social media is also presenting real challenges for companies, in particular in situations where an employee has posted inappropriate comments or material on their personal or business accounts. Where employees take to social media to criticise their workplace, to bully colleagues, or to post generally offensive personal material, there is the potential not only for serious reputational damage but for such behaviour to be the precursor to employment tribunal claims.

So how can employers limit the

damage caused by the online activity of their staff? Having a social media policy in place and educating employees on the boundaries of both personal and business use of accounts is absolutely key – both to minimise misuse in the first place, and to provide grounds on which to discipline or dismiss an employee in response to any misuse of social media accounts.

Employees often argue that personal social media accounts are “private” to them. However including a rule in the policy stating that all of their comments will be treated as public in nature and are potentially connected to their employment, should give the company grounds to take action in respect of any social media misuse.

In a bid to avoid becoming Facebook-famous for all the wrong reasons, companies often take kneejerk reactions to inappropriate online activity and rush to dismiss an employee before considering and investigating the true impact it has on the organisation. Companies should bear in mind that any dismissal on the grounds of misconduct will be lawful only where certain legal tests have been satisfied. Where an employer has clearly communicated the acceptable standards of social media use and followed a fair dismissal procedure, it is more than likely any related dismissal will be fair.

Clear and regular communication with line managers and employees on the company’s social media stance is vital to ensuring staff know what is expected of them and also important in ensuring that any action taken can be justified.

Social media shouldn’t be something employers are daunted by. While companies might be understandably cautious about its use, encouraging communication and ensuring employees are familiar with your social media policy should create a balance between employees’ desire to use socialmediaandemployers’need to exercise damage limitation, giving you nothing to fear from Facebook. Or Twitter. Or Instagram. Or… well, you get the idea. Laura Anderson is an employment solicitor at HBJ Gateley