Out of Hours Social Media

  

Following the increased use of social media sites in and out of the workplace, Tribunals have started to hear a number of cases regarding the use of such sites in and out of work to include; negative, defamatory or unreasonable statements made by employees against colleagues and/or the organisation of which they are employed.

In a recent case involving the use of social media site Facebook, an employee was dismissed for Gross Misconduct as a result of the derogatory statements made on his “private” Facebook site against his employers and their products. It is reported that the Employment Tribunal found the dismissal to be fair and the following points were central in the deliberation: 

1. Social Media Policy had been put in place
2. All employees were educated right from the outset that commentary on the employers products and/or critical remarks were firmly forbidden
3. Damage to the business 

 A successful business is all about being proactive and not reactive. With regards to social media employers should consider:-

•  Have you got a social media policy?
•  Does the policy allow, prohibit or encourage the use of social media sites?
•  Does the policy clearly document prohibited statements?
•  Are your employees informed from the outset of their employment about the social media policy?
•  How could social media sites affect your business?

http://www.kidwellssolicitors.co.uk/kidwells-articles/2011/9/23/new-acas-guidance-on-social-media.html

Together with monitoring and updating policies and training, Employers will appreciate the changes to Employment Law are frequent and therefore the need to stay up to date is vital. The Government have recently announced their proposals for “the biggest shakeup of employment law for decades” to include:-

• unfair dismissal qualifying period to increase to two years
• compulsory lodging of all claims through Acas, for an attempt at mediation, before they can be lodged with the tribunal
• consultation on the introduction of protected conversations, with the proviso that they will not extend to protect discriminatory acts
• a call for evidence, with a view to consultation, on reducing minimum period for redundancy consultation to 60, 45 or 30 days

For full details of the proposed changes, see speech of Vince Cable, Business Secretary. Kidwells will of course keep you updated.

Should you have any questions on the use of social media in the workplace, drafting and implementing policies, managing employees effectively or the impending Government changes, please contact our Employment Department wherein a specialised Employment Lawyer will be happy to assist. Contact us on 01432 278179 or email Rebecca Hardy at rh@kidwellssolicitors.co.uk.