Dentons experts offer some employer dos and don’ts
Adopt a clear social media policy
In a recent tribunal case, a claimant’s dismissal over derogatory comments she made on Facebook was found fair, despite the fact she had a clean disciplinary record.
The key point was that the respondent had a clear social media policy in place, which set out examples of unacceptable behaviour, reminded employees that comments on social media sites are not “private” and stated that breaches could lead to disciplinary action, including dismissal. The case is a reminder for employers that protections, such as a policy, should be in place to guard their business and reputation.
Retailers should put in place a social media policy which clearly expresses the expectations for employee use of social media, while recognising individual rights. This will remind employees that social media activity is not necessarily private and that employers can in certain circumstances discipline staff for conduct that breaches such a policy. It can also remind employees that online conduct can be harmful to the business and can even amount to gross misconduct.
A suitable social media policy will align with other key employment documents such as anti-harassment and bullying policies, and disciplinary rules. It should be regularly reviewed so it remains up to date and relevant, as the use of social media changes rapidly.
Educate employees regarding confidential information
It’s not just shop floor staff who can be a liability: senior managers should know better but they can arguably do even more damage with casual comments.
In another recent case, involving a senior director, the FCA imposed a fine of almost £40,000 on the employee for disclosing client confidential information over WhatsApp, apparently to impress a friend, who was also a client.
In the grocery sector, matters such as supplier contracts and pricing could fall into the category of confidential information, which should not be appearing on social media. A reminder for senior staff is therefore advisable: they should know that the dangers of over-sharing include breaching their employment contract; a breach of contract with a third party by disclosing confidential information; breaches of data protection law; loss of legal privilege on advice; and significant embarrassment for the employer.
Provide training to employees using social media and monitor them for compliance
Training is an important aspect of social media policy and should be provided to employees at all levels. In particular, employers should train managers on what monitoring is appropriate and on the reasonable enforcement of social media policies. Any monitoring should be conducted without breaching employees’ privacy rights. That is a delicate balance.
Don’t impose unnecessary restrictions
Employers should avoid imposing unnecessary restrictions that would undermine employee privacy rights. A recent judgment held by the European Court of Human Rights ruled that a university’s camera surveillance amounted to interference with a right to privacy.
Employers should remember that staff are entitled to some privacy at work. Businesses must tell employees about any monitoring arrangements they are applying: these shouldn’t be excessive; must be justified; and employees should be told what information is being monitored, how long data will be kept, and that it is suitably secure.
Don’t ignore defamatory comments or misleading information
It is dangerous to ignore misleading statements made about the company or its clients or products on social media. A business should respond appropriately and this will depend on what is being said. Any response should be in accordance with the policies in place. Damage limitation will often mean acting quickly to remove a post, and this might extend to tracking which other users have shared it.
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Do you have a business, property or legal question or issue that you would like to know more about?
Contact Scottish Grocer and we’ll put it to an expert. Call Matthew Lynas on 0141 567 6074 or email matthew.lynas@peeblesmedia.com.
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