Christmas parties are normally a chance for employees to let their hair down, celebrate, and have fun.
However, sometimes employees can get carried away which can have serious and damaging consequences for the employee, and employer.
Historically occurrences at such work events would be mentioned and forgotten, however social media has significantly contributed to matters escalating as we now have the option of pressing a few buttons, and sharing instantly.
Nazia Kausar, solicitor in the employment law team at Wake Smith looks at the importance for employers to have a social media policy which clearly sets out the rules and requirements of employees in the workplace as part of their duties, and the potential consequences of any potential breaches of such rules.
This article covers:
What can happen?
Exposure to liability
What should a social media policy include?
Advice on social media policies
What can happen?
Examples of employees misusing social media include, using Facebook to comment about their managers/workplace issues and then realising that their account is not private, and also their employer being named on their profile as place of work.
This may not only be embarrassing for their employer but also risk reputational damage depending on the nature of the comments.
Other examples include taking quick snap chats/videos/photos and sharing/uploading on social media. This could not only cause upset and embarrassment to colleagues but also again be damaging for the employer and consequently result in the employer taking disciplinary action against the employee.
Exposure to liability?
There is a risk that something posted on social media could expose the employer to potential liability.
For example, an employee who harasses a colleague on social media might put the employer in breach of their duty to provide a safe working environment.
The employer might also be liable for an employee who uses social media to make discriminatory comments about a colleague or defamatory comments about a competitor.
There is also the risk of damage being caused if an employee uses social media to post commercially sensitive or confidential information.
Therefore, it is important for employers to have a social medial policy which clearly sets out the rules and requirements of employees in the workplace as part of their duties and the potential consequences of any potential breaches of such rules.
What should a social media policy include?
How much, if any, personal use of social media is allowed in the workplace.
If use of social media is permitted for work purposes, the policy should set out rules relating to appropriate use.
These rules are aimed at protecting your business and reputation, protecting confidential and commercially sensitive information, providing safeguards for checking any content before it goes live, avoiding breaches of copyright and avoiding any online bullying or harassment of colleagues.
How the rules apply to your employees’ use of social media in their personal lives where this might impact on your business.
For instance, although employees may regard their Facebook accounts as private, if they use their account to send insulting messages to a colleague or to complain about a supplier or customer, the employer may need to take action.
Also, action may also be necessary if they use their account to post offensive or derogatory remarks about the behaviour or actions of colleagues at work-related events.
Clarification on whether employee use of social media will be monitored and, if so, the purposes of the monitoring.
This warning is needed to comply with data protection provisions and regulations on intercepting communications.
Consequences for an employee who breaches the policy.
The Employer may wish to state in the disciplinary policy that a serious breach of the social media policy may result in potential gross misconduct action and may result in summary dismissal and link this to their equality policy.
Ensure the policy is publicised when it comes into effect and again at key times of the year, including Christmas and keep it reviewed and updated.
Advice on social media policies
If you require any advice on the matters discussed in this article, please click the 'contact us' button to submit an online enquiry or call our friendly employment team on 0114 266 6660.
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