Social Media in the workplace
Social media has
shifted workplace
dynamics by
becoming an
increasingly used
tool for organisations
to expand their
business. While real estate businesses
use the limitless commercial potential
of sites like Facebook, Twitter and My
Space to increase their client base,
advertise and provide access to the
public beyond usual business hours, it
is not without risk.
Issues with which businesses are
grappling include the inappropriate
use of social media for personal use,
defamation, harassment and uncertainty
over the ownership of intellectual property
such as blogs and contact lists. The
accelerated use of social media is
blurring the line between what constitutes
accepted actions in the workplace and
what may be considered ‘personal’.
It is evident that the hazards presented by
the use of social media in the workplace
can create the following problems:
- Excessive use of social media for personal purposes may disrupt work and undermine productivity.
- Online disputes between employees can be brought into the workplace.
- Online complaints against individuals in the workplace can damage the reputation of the business.
- Online content may not clearly distinguish between organisations’ views and the personal views of employees.
Such is the legal threat presented by
social media, it has become an absolute
necessity for businesses to have
dedicated and well-communicated social
media policies governing the use of these
technologies in the broader workplace
environment.
There have now been several cases, mainly
concerning dismissal, where Courts or
Tribunals have considered the use of social
media at work. Its evolving nature means
that to some extent, firm legal principles
relating to it are still being established. The
following points are now clear:
- Whether the organisation actually has a social media policy is crucial – and is usually the first question the employer will be asked.
- The employer must be able to present evidence of a breach of the policy or hard evidence of excessive or inappropriate use of social media.
- For dismissal to be justified, there must be serious damage to the
- employment relationship or to the business itself, and the employee’s conduct must be incompatible with his/her duties.
- Extent of damage caused will depend on the security/privacy settings used by the employee, how accessible the content was to other parties, how many other people had access to it and how clearly the employer was identified.
So what can businesses do to
avoid the inherent risks of improper
use by employees of social media
technology? Business simply must
adopt a social media policy that
provides strict guidelines on the use
of social media in the workplace and
out of hours.
The policy should be aligned
with other business policies and
should include:
- A definition of appropriate use.
- The employer’s expectations around social media in the workplace and acknowledgement that comments made in private accounts out of hours may result in disciplinary action. Employees need to acknowledge that what they may perceive as their personal posts or comments are not necessarily private and may still be considered related to their work.
- A clear statement that an expectation of privacy is non-existent if there is a sufficient connection to the workplace and that access will be monitored.
- Reiteration of obligations around the use of confidential information, and
- Clearly set out the consequences of inappropriate social media use.
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