I was interested to read an article in the news last week about an employee who lost her job as a manager at a residential care home for posting pictures and videos on her Facebook page depicting a music night that was regularly held at the care home. Whilst it showed staff and residents enjoying the evening, it is also alleged to have breached the employer’s policies and procedures and resulted in her employment being terminated after 21 years of service. There has been much controversy surrounding the decision, with many feeling that it was too harsh. Whilst this will be considered by a Tribunal at a future hearing, and is for a Judge to decide, it does serve as a reminder of the importance of having a good social media policy in place.
As an employment solicitor, I continue to be surprised by the number of businesses where this is not the case. Given the number of employees who actively use social media sites, the ease with which a comment can be posted, the wide audience it can reach, and the potential risk to the business as a result of such posts, it seems strange that some businesses do not have relevant guidelines. After all, a social media policy can afford a business some protection and offer assistance if disciplinary action is necessary.
Whilst it may be possible to terminate an employee’s employment for bringing the business into disrepute, recent caselaw has shown that there must be evidence of the business having suffered some loss to confirm the reputational damage caused. Where this is not possible, claims have been held to be unfair. As such, it is recommended that a social media policy be incorporated within the business’s handbook and, if drafted well, may assist in terminating an employee’s employment fairly.
Here are my top five tips for a good social media policy:
1. Ensure that you have a robust social media policy in place that clearly details what is, and is not, acceptable. If the business adopts a zero-tolerance approach, then this should be made clear in the policy.
2. Use clear language that employees will understand and, where possible, avoid using technical jargon which may be confusing.
3. Ensure employees are aware of the policies and procedures and provide relevant training. Make sure these are included as part of the induction process.
4. Ensure policies are regularly reviewed and updated. This should be the case with all policies but, given this is such a progressive area, it is especially important.
5. Ensure the policy is applied consistently amongst staff to avoid the risk of discrimination arguments and ensure managers are aware how to enforce it.
Should you require any assistance with drafting a social media policy, or reviewing an existing policy, then please do not hesitate to contact us.
