Social media has become an integral part of everyday life over the last decade, with figures suggesting that around 83% of the UK population use online platforms. It is also common for staff to be required to carry out social media activities as part of their role, particularly in SMEs, where there may not be a dedicated marketing team.
Social media has had many positive effects, transforming how businesses communicate and allowing them to promote their brand to a vast audience, regardless of geographical boundaries.
It can, however, also be potentially risky if it is not used properly or adequately controlled. Many businesses do not give enough thought to how social media should be managed, whether that relates to employees posting on their own accounts outside of the workplace or staff posting on work accounts as part of their day-to-day role.
In this guide, we set out everything you need to know about your social media use in the workplace.
What is a Social Media Policy?
A social media policy governs social media use in the workplace and sets out guidelines for employees’ internet use and email etiquette at work.
It should cover the use of your company’s social media platforms, your employees’ personal accounts and guidelines around what information can and cannot be shared to protect your business’s security and privacy.
Why Should a Company Adopt a Social Media Policy?
There are several reasons why businesses of all sizes should adopt a social media policy.
While it is not possible or desirable to prevent employees from posting or using social media, having a written social media policy that is communicated to staff will minimise legal risks and strengthen your position in the event of social media misuse by an employee.
A well-drafted and effective social media policy can also help you:
- prevent security breaches
- provide clear guidelines for employees on what they can or cannot say about the organisation. It should also set parameters concerning business and private use of social media
- provide a plan of action for how your company responds to a social media scandal or crisis to help mitigate damage to your reputation
- reduce your liability should any discriminatory or defamatory comments be posted by employees
- provide your employees with guidance on how to present views in a professional manner
- avoid reputational damage
What Should Be Included in a Social Media Policy?
It is important to take your time to develop a comprehensive policy that outlines what is tolerable behaviour at work when using social media.
You should consider including the following points in your social media policy:
- how you will handle negative comments and defamation made by employees about colleagues, the business, or its suppliers, referring to the company’s disciplinary policy
- set out who can post and comment on behalf of the company and on what platforms
- the extent to which employees can use company devices for personal communication and/or social media, if at all, and whether personal devices can be used for official social media communications on behalf of the company
- how do you monitor your staff’s social media use by employees
- how staff, clients and other business contact information will be safeguarded
- the consequences of social media policy violations
What are the Pros and Cons of Monitoring Staff Social Media?
Misuse of social media poses significant risks so it’s understandable why employers would want to monitor their employee’s online presence. There are, however, advantages and disadvantages to doing this – we list some of these below.
Pros
- It can safeguard your company’s interests and help maintain your brand reputation
- It can protect your employees against online bullying or harassment
- It allows you to monitor how productive your employees are
- It can ensure compliance with other areas of workplace policy
- It assists you to manage and investigate any misconduct arising from social media use
Cons
- Employees may resent feeling constantly watched and having no privacy at work
- It gives the impression of a lack of trust from management
- Depending on how you monitor your employees, you may be infringing some human rights laws as detailed below.
The Legal Implications
If you are not careful, monitoring the use of social media can create legal issues and may infringe on the Human Rights Act of 1998. Under Articles 8 and 10 respectively, everyone has the right to respect for private and family life and the right to freedom of expression.
However, there are limitations to these rights, meaning that employers could legally monitor social media. For example, Article 8, case law confirms that employees aren’t always able to rely on this right if what they do in their private life impacts negatively on their employer. So, if they make a disparaging comment about you on a public platform, they cannot expect to be protected by Article 8.
Similarly, concerning Article 10, monitoring employees’ social media may be allowed where it is necessary to protect your business’s reputation and the rights of colleagues and customers.
Another thing to bear in mind is the implied duty of mutual trust and confidence between an employee and employer. Under this duty, businesses are required to treat employees reasonably and the monitoring of social media posts may, in certain circumstances, not be deemed reasonable.
Finally, you still need to comply with the data protection regulations when monitoring social media. In recruitment, for example, it is not acceptable to view a public profile for your own purposes – there must be legal grounds for processing that data.
Put simply, monitoring employees’ social media is allowed but only to a reasonable extent. Furthermore, you should inform your employees that monitoring is taking place.
What Should I Do If I Discover that One of My Employees is Trolling Online?
If you find out that one of your employees posts inflammatory and hostile messages online, you should follow the steps already set out in your social media policy. These steps should include the following:
Investigate the Allegation
The first thing you need to do before taking any action is to investigate further. Online accounts can easily be faked and words can be taken out of context.
The best course of action is to obtain evidence of the incident and keep a screenshot of the comments or post in question. You should establish whether this was a one-off incident or if the employee is following a trend of online trolling.
The next step would be to arrange a meeting with the employee concerned, explain the allegations, show the screenshots and ask them whether they accept responsibility for the posting. The allegations should be set out in writing and the employee should be given time to respond via a written document after the meeting.
Ensure that the Disciplinary Process is Followed
You should follow a fair disciplinary process. It may be that this was a one-off incident and that a formal warning may suffice. However, if the problem persists or if the initial matter is serious, you may have to consider dismissal. If you are considering dismissal, you should consult an employment solicitor before making any decision to reduce the risk of any employment tribunal claims being made against your company.
Social Media-Related Dismissals
If you are thinking about dismissing an employee for unacceptable online behaviour, you need to consider whether their actions:
- link directly to your company
- if so, whether it has the potential to bring your company into disrepute or harm its reputation
- whether the action is serious enough to count as a dismissal offence.
Depending on the seriousness of the offence, a single incident may not be enough to justify dismissal.
In the case of C Smith v Turnock Ltd, an employment tribunal had to consider whether dismissing an employee for sharing a social media meme that mocked management styles, was reasonable. The claimant reposted a meme on her Facebook page that showed the figure of a blindfolded woman sitting in front of another figure, also blindfolded. The words ‘We’ve all had jobs like this…. how management acts after you and your co-workers clearly point out the issues at work’. The claimant’s Facebook account also stated that she worked for the claimant.
The tribunal concluded that the meme would have warranted a discussion with the claimant and perhaps for her to be issued with a warning. However, it held that it was unlikely that the meme would have damaged or adversely affected the company and did not justify dismissal.
If the offensive material is serious enough, however, it does not matter that it had been posted some time ago – it can still be a reason to dismiss it. In Creighton v Together Housing Association Ltd ET/2400978/2016, Mr Creighton was fired for making offensive comments about colleagues and his employer on Twitter (now X) three years earlier. The tribunal here found that the employer was entitled to dismiss him when it discovered the conduct since the offensive comments had been made on a public Twitter account, were available to anyone to see and would be there forever.
Weighing up the Pros and Cons of Social Media in the Workplace
There has been much discussion about whether allowing social media in the workplace for employees is beneficial or damaging for a business. We have therefore set out some of the main pros and cons of allowing the use of social media in the workplace below. It is useful to consider these before devising your social media policy.
Advantages of Allowing Social Media in the Workplace
- The use of social media sites in the workplace can help employees stay connected when they are not in the office and help coworkers collaborate on projects more effectively. This strengthens team bonding and workplace relationships and can help improve productivity, allowing quicker and more efficient communication.
- It can also give employees the chance to have a mental break from a stressful task at work. This could result in increased productivity and a more positive attitude towards work.
Disadvantages of Allowing Social Media in the Workplace
While social media in the workplace has its advantages, too much usage can be detrimental to business.
- Social media can be a major source of distraction for employees, leading to employees spending a large amount of time on personal activities, which eats into valuable working hours and results in reduced focus and productivity.
- As well as disrupting workflow, exposure to negative or distressing content on social media can adversely affect employees’ emotional well-being and result in lower morale and productivity.
- Social media can also be a security risk for businesses. Your organisation’s security could be jeopardised if employees post confidential or sensitive information online.
- Furthermore, the misuse of social media can damage the company’s reputation and employer brand. A single post by an employee can be shared quickly and extensively, potentially causing reputational damage to your company.
- Other risks include harassment and cyberbullying, which could be your responsibility as an employer if such action occurred in the course of employment.
How We Can Help
While social media certainly provides many opportunities to businesses in an increasingly connected and interactive world, you must be mindful of the problems it can cause. You may consider blocking social media sites on work devices which would likely impact the misuse of social media at work. However, this does not prevent employees from using social media on their personal phones during the working day.
The most efficient way to safeguard your business against these issues is to have a thorough and effective social media policy in place so that employees are aware of what is expected of them regarding their online conduct. Our employment team can help you draft a policy that balances protecting your business interests and respecting your employees’ rights. We can also work with you to appropriately manage any social media-related issues that arise. Call us today on 0300 303 2071 or email us for more information on how we can protect your business.
