Facebook, Spotify, LinkedIn, Twitter, Apps, Links and Clouds are all part of today’s technology triumphs. It is without question that the Internet has boosted business development and communication throughout the world, enhancing recruitment methods, learning and development opportunities and up to the minute management solutions, but it is not without any negative impact.
A recent employment tribunal which looked at derogatory comments made on a private Facebook account about customers who had been verbally abusive towards an employee (Preece vs JD Wetherspoons (Case ref: ET/2104806/10)) ruled that dismissal on the grounds of gross misconduct for breaching the Company’s Internet policy was fair.
This case illustrates the hazards that communicating on Facebook can cause for employees and employers, whilst highlighting the need to ensure that policies are updated regularly to reflect environment factors as they emerge.
Are your staff spending time at work twittering or ‘facebooking’ about their bosses? Are staff bringing the Company’s reputation into disrepute?
If so, or you are just worried about the risks this may bring, then what should you be doing?
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Introduce a social media policy, or at the very least update any IT policy or disciplinary policy to reflect Internet usage and social networking sites in particular
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A social media policy should clearly define that Facebook, Twitter and other social networking sites count as a public forum regardless of individuals’ privacy settings and therefore action will be taken should breaches occur
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Make it clear whether you permit the access of social networking sites at all during working hours, and if you are opposed to employees stating which company they work for.
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Ensure the policy advises employees that monitoring of internet usage and specific sites may be undertaken without any warning.
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Give examples of what may constitute as gross misconduct (eg Making derogatory or discriminatory comments about colleagues, customers or suppliers’ or ‘Disclosure of Company information not generated for the public domain’) and state that any breaches could lead to disciplinary action and ultimately dismissal
‘As well as the policy setting out what is not permitted, reference should also include the positives of such sites, in terms of communication, networking, recruitment and brand awareness.
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