In today’s digital world, social media plays a significant role in business communication. While it offers many opportunities for raised awareness and growth, it also brings risks that could impact your company’s reputation and security. Regardless of whether an employee is at work or not they are responsible for any information they make available online.
While employees have a right to privacy, private posts (those posted outside working hours) can be used in disciplinary action if they have a real material connection to the workplace, and they are shared or reported. Please note that there is no time limit on how old a post is. And in some cases, social media posts can be legal grounds for dismissal/gross misconduct if the post in question:
- Makes derogatory/negative comments about the company, its clients, or management which causes reputation damage
- Contains discriminatory content (racism, sexism) or can be seen to harass or bully colleagues
- Leaks company data, trade secrets, or client information leading to a breach of confidentiality
The importance of a social media policy
In order to control what employees post on social media, you should create a comprehensive social media policy, which covers both professional and personal use. It should be communicated effectively to all employees and any training if necessary should be given. The policy should clearly define:
- Confidentiality – emphasise that sharing confidential information about the organisation, clients or fellow workers is prohibited.
- Disclaimers – employees must state that their views are their own if they mention the organisation.
- Brand management – no unauthorised or improper use of an organisation’s logos, trademarks, or proprietary graphics.
- Tagging – consent is required before tagging colleagues or clients and restricting tagging of sensitive company information or confidential projects is prohibited.
- Acceptable online behaviour – set guidelines that prohibit bullying, harassment and posting offensive content which may damage a company or individual’s reputation. Use examples to highlight what is considered inappropriate or offensive.
- Consequences for breaches – outline the consequences from formal warnings, disciplinary action to immediate termination.
Fair and consistent response
If an employee’s social media posts are deemed to be damaging or derogatory, an employer has a duty of care to investigate, demonstrate fairness and consistency and that any action is a reasonable response to the behaviour. They must also establish that the employee was identifiable as working for the company, the content was publicly accessible and the level of actual or potential harm caused.
Our best advice for employees is to always act professionally, refrain from abusive or discriminatory language, never presume a post is 100% private – assume your employer could see it and avoid identifying your employer.
How can I help?
For help, advice and support in writing and implementing a comprehensive social media policy to protect your business reputation, secure confidential information, mitigate legal risks and provide clear guidance for employees in today’s fast-moving online, please get in touch today – caroline.robertson@actifhr.co.uk