11/10/12

Social networking – protect your business from legal minefield, says expert

While the rapid rise in the use of social media has given companies a fantastic platform to promote their products and services, it has also presented employers with a legal minefield. Erica Dennett, employment solicitor at Kings Hill-based Vertex Law, helps you navigate away from the dangers.

Social media can have many great benefits for businesses when used in a positive manner.

Unfortunately, unless properly managed, there is also an inherent legal risk to employers whose employees use social networking sites such as Facebook and Twitter.

Members of staff can easily forget how their comments may reflect on their workplace and fellow colleagues and these comments can result in bullying and harassment cases being brought against a company.

A recent employment tribunal case found employers can be held liable for harassment by their employees via social networking sites.

In this particular case, a store manager had his mobile phone temporarily taken by two members of his staff who then used the device to post a status update on his Facebook page saying "Finally came out the closet. I am gay and proud".

The tribunal found the manager had been harassed on the grounds of sexual orientation and that the company was liable for the entry on his phone as it was posted in the course of employment; the employees' actions took place at work during working hours and involved dealings between staff and their manager.

In order for an employer to be able to defend these types of harassment cases, they will need to show that all reasonable steps have been taken to prevent their employees from carrying out any discriminatory acts.

We suggest that employers ensure they have an IT policy that includes the use of social networking sites and clearly communicates their expectations in relation to social networking.

In particular, where disciplinary action/dismissal may result, businesses should look to educate employees by making them aware of the impact that their actions could have.

It is worth taking into account that the new generation making their way into the workplace will be regular users of social media and so it will be particularly important to make sure that businesses take steps to protect against harassment claims by setting guidelines for their staff.

More information about Vertex Law at www.vertexlaw.co.uk.