‘Do’s and Don'ts of Social Media’

Jean-Pierre van Zyl

Social attitudes

2010 My Job Group survey

33 provided negative comments on workplace

Within that group 19% criticised boss or owner

13% criticised peers

Recent example from HMV

@hmvtweets “We're tweeting live from HR where we're all being fired! Exciting!!” #hmvXFactorFiring

Social Media – issues for employers Social media screening for hiring decisions – potential for discrimination

Loss of productivity during working hours

Inappropriate conduct of employees:

Cyber-bullying/harassment/discrimination Derogatory comments about employer

Confidential information

Business protection - ownership of data created in the course of employment

Misconduct and dismissal Work-related misconduct – employer may legitimately take action

Misconduct outside of workplace :

Not obliged to disregard

Vicarious liability for employee actions

Impact on the employer’s reputation

Does the conduct contravene a relevant policy?

Employment Tribunal Decisions Grant and Ross v Mitie Property Services UK Limited (2009 unreported case)

Two sisters dismissed for excessive use of social media at work, including Facebook

IT policy permitted use ‘outside core working hours’

Held to be unfair dismissals as not clear what ‘outside core working hours’ meant

Employment Tribunal Decisions Taylor and Somerfield Stores (2007 unreported case):

Video of two employees hitting each other with plastic bags in a store-room uploaded to YouTube by employee

Employee dismissed

Only 8 hits on YouTube and could not be said to bring the company into disrepute

Dismissal was unfair

Employment Tribunal Decisions Teggart v TeleTECH UK LIMITED (case no 704/11):

Offensive remark about employee’s promiscuity posted on Facebook

Employer’s decision that conduct amounted to harassment

Employee responsible dismissed

Dismissal held to be fair – employee was in breach of anti-harassment policy

Steps to Minimise Risk Social Media Policy – why?

Define rules Conduct outside of work References to employers and colleagues

Communicate and train on the policy

‘Expect the Unexpected’

Robin Winskell

Three Guiding Principles Do you pursue legal challenges?

Speed is king

Expect the unexpected