Managing Employees Use of Social Media

Technology is always evolving and moving forward, and in a world where the population is increasingly "always on", specialist employment lawyers can help employers to put policies in place to deal with social media.

Social media is technology that enables online users to interact and share information both publicly and privately. Popular social media platforms such as Facebook, X (previously Twitter), Instagram and LinkedIn can be useful tools in promoting an organisation’s services or goods.

The use of social media however can also prove a risky business for some organisations, especially where the organisation does not effectively manage its staff use of social media in the workplace. Improper and inappropriate use of social media by employees whether at work or in their own time can result in:

• Unauthorised disclosure of confidential information
• Liability for discriminatory or defamatory comments made by employees
• Reputational damage

Employers can minimise the risks associated with the use of social media by being proactive in their approach in the workplace.

1. Develop and implement a social media policy

A social media policy should demonstrate to staff what constitutes acceptable and unacceptable use in the context of the employment relationship e.g. setting out clear guidelines of what employees can and cannot say about the organisation or making it clear that any views they express do not reflect those of the company.

ACAS guidance on this area suggests that a social media policy should aim to ensure that employees do not feel gagged, staff and managers feel protected against online bullying and the organisation feels confident its reputation will be guarded.

The policy should in any event make it clear that anyone who breaches the policy may be subject to disciplinary action which may result in dismissal.

2. Updating related or associated policies

With the implementation of a social media policy, it is advisable to consider updating other workplace policies at the very least to ensure they cover the organisation’s rules and approach to social media use by staff.

Employers should regularly review and update policies to ensure they reflect the changing law, new technologies and business practice.

3. Monitoring online content and dealing with issues

If an employer wants to be able to monitor online content then this needs to be communicated to the employee and their consent obtained. Just because an individual’s social media profile might be publicly available an employer should not assume they are allowed to process that data.

Employers should explain to staff that they reserve the right to monitor their social media activities where it might have a negative impact on the welfare of their colleagues or the reputation of the business.

Where employers are notified of issues then they will need to investigate further to clarify what has happened and if necessary, take disciplinary action where appropriate.

4. Staff training

Whilst it is positive that an organisation might have a raft of policies in place to deal with various different things, policies will only be effective where they are put into practice and staff are aware of them.

Providing training for staff and managers will send a message to your workforce that you consider social media use to be important and can also be evidence that your staff were aware of acceptable and unacceptable use of social media where issues arise.

Training can also encourage staff to report issues or incidents of unacceptable use of social media that they become aware of which in turn can assist an organisation to deal with such incidents more promptly and help limit any damage or further damage from being caused.

We are highly experienced in dealing with issues relating to social media use in and outside of the workplace. We can assist your organisation by:

• Drafting a comprehensive social media policy reflecting your organisation’s requirements
• Assisting with drafting social media guidelines in line with your organisation’s standards
• Reviewing and updating your organisation’s policies to reflect a consistent and proactive approach to social media use
• Advising on social media use in and outside of the workplace and explaining options/steps to take in dealing with any incidents or concerns
• Providing social media in the workplace training enabling your organisation to confidently navigate social media issues