Given the potential risks, it’s essential for employers to have a robust social media policy in place. Social media can cause all sorts of workplace issues. A poorly worded post might upset a colleague or, worse, impact the reputation of your business itself. Malicious online behaviour, like any bad PR, can haunt a company for years.
Banning employees from using social media is never going to fly. Not only would this be impossible to manage, it’d curtail freedom of expression, and no doubt also hurt staff retention – no one wants a job that much!
What can employers do?
Here are our top tips to prepare for, and minimise, the impact of employee online behaviour in your workplace:
1. Review disciplinary and social media policies
It’s important to have a social media policy to make expectations clear and let staff know the consequences of breaching your social media rules.
2. Train all staff
As always, the best way to avoid future potential issues is to keep your employees updated and trained. Hold training sessions to share your expectations for online conduct and make sure all staff know where to find your policies for future reference.
3. Treat every incident as unique
Take a case-by-case approach. Investigate all incidents thoroughly.
4. Try not to overreact
Remember that most use of social media is not meant to cause harm — consider context and alternative sanctions before you decide to dismiss.
5. Be objective and fair
Always follow a fair procedure. Give employees the opportunity to explain their actions and consider disciplinary options other than dismissal.
6. Watch out for content that could be a ‘manifestation of a protected belief’
If these ‘manifestations’ are offensive to other employees, there is a balance to be struck. You need to weigh the human right to freedom of religion/expression against your right to take action if someone’s conduct has upset colleagues, and/or impacted the company reputation.
Employers who get this balance wrong could face unfair dismissal claims or even discrimination claims. For example, in Forstater v CGD, the tribunal found in favour of a researcher dismissed for expressing gender-critical views, ruling her posts were a manifestation of a core belief. The tribunal awarded her over £100,000.
Further reading
- 4 ways to control covert recording and protect your business – Hunter Law
- Unfair dismissal: Employee conduct shouldn’t always impact compensation – Hunter Law
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The team at Hunter Law is here for you. We can handle your HR issues, finesse your policies, and keep you up-to-date on evolving legislation. Please get in touch with our legal team, we’d love to help.
