1. Social Media Policy for Employees

2. Social Media - Definitions
Social media describe the online technologies and practices that people use to share opinions, insights, experiences, and perspectives. Social media can take many different forms, including text, images, audio and video. A social network service focuses on building online communities of people who share interests and/or activities

3. 6 Types of Social Media Social networking Professional networking
Blogging
Micro blogging
Discussion forums
Video clips & podcasts

4. Advantages Can be used for recruitment purposes
Opportunities for ‘onboarding’
Promotion & building employer brand
Can assist in employee communications
Good way to share best practice and contacts
Common way to communicate with stakeholders

5. Risk of reputational damage & litigation
Disadvantages
Lost productivity
Risk of reputational damage & litigation
e.g. Virgin Atlantic sacked 13 cabin crew after they criticised some of the airline's passengers on Facebook

6. Employer Approach
Total ban
Partial ban
Unlimited access

7. Vicarious Liability
An employer, under UK law, the employer is generally liable for the actions of its employees whilst they are carrying out their employment.
This is known as "vicarious liability".
The best defence for an employer is to show that the employee was not taking action as part of his employment, but was off on "a frolic of his own”.

8. Breaching of Employer Confidentiality
There is a risk of confidential matters that the employer would not wish their employees or ex-employees to disclose to third parties or to new employers being leaked through social media

9. Data Protection
Workers have responsibilities under the Data Protection Act
No one at any level should disclose personal information outside the organisation’s procedures or use personal information held about others for their own purposes.
Anyone disclosing personal information without the authority of the organisation may commit a criminal offence unless there is some other legal justification e.g. whistle blowing.

10. Defamation Litigation – key points
Modern technology means a defamatory story can no longer be forgotten by the time the chips go cold.
The relevant legislation is the Defamation Act 1996
Defamation is defined as the act of injuring someone’s reputation by maliciously saying or writing things about him.
Defamation is a tort (a civil wrong) and may be libel (if it is in permanent form, such as printed matter) or slander if it is spoken

11. Defamation Litigation – key points
A defamatory statement is a statement which is made to defame someone’s character.
Rolling news enables a story to be published over and over to millions of people worldwide, while internet archives allow defamatory allegations to remain accessible indefinitely although defamation law applies in the same way to online media as to printed matter.
For employers the problem is particularly acute as they are responsible for s sent by their employees.

12. Recent Cases of Interest
A defamatory recently cost Norwich Union £450,000
Smith v ADVFN Plc & Ors [2008], Mr Justice Eady drew comparisons between postings on bulletin boards and a casual conversation
Formula One boss Max Mosley and the News of the World - sued for breach of privacy first and won, and only then sued for libel

13. Most important of these is the 'duty of mutual trust and confidence'.
Impact of Employee Online Behaviour on the Implied Contractual Term of Mutual Trust and Confidence
Implied terms aren't written down anywhere, but are understood to exist
Most important of these is the 'duty of mutual trust and confidence'.
This means that you and your employer rely on each other to be honest and respectful. E.g. your employer trusts you not to misuse the organisational IT system, and you trust your employer not to bully you

14. Bringing The Employer Into Disrepute
Employee conduct may damage the employer’s reputation by bringing it into disrepute. Should such an allegation be founded then the employer would be entitled to dismiss as it would be likely to be cited as an act of gross misconduct within the disciplinary policy. Blogs are a common way in which this can happen.
It is important to blog safely. If in doubt check it out with your organisation

15. Cyber bullying / harassment & flame mail
Examples include:-
Offensive
threats
Posting blogs and comments left on social networking sites
Spreading Lies And Malicious Gossip
Threatening or offensive SMS/Text Messages

16. Definitions Bullying – ACAS definition (see briefing notes)
Legal definition of harassment (see briefing notes)
Statutory framework – Equality Act 2010

17. Perception & Action Perception and Action
the act or acts of harassment must be seen from the viewpoint of the recipient. It is what they perceive - not what the alleged perpetrator intended - that is important in determining whether harassment has occurred
if management chooses to ignore or turn a blind eye to harassment it could result in claims for unlawful discrimination or constructive dismissal.

18. Equality Act 2010
Provisions in the Equality Act 2010 which came into force on 1 October 2010, set out the following protected characteristics, split into several categories, reflecting existing discrimination protections: Age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex, sexual orientation.

19. Equality Act 2010 – key points
Employers are Liable for the Acts of Discrimination Carried out by their Employees
An Employee Who has Suffered Discrimination at the Hands of a Co-worker Could Name Both the Employer and the Co-worker
Harassment of an Employee by a Third Party
Under the Equality Act 2010 employers are currently expressly liable for harassment of employees by people (third parties) who are not employees of the organisation such as customers or clients.

20. Equality Act 2010 – key points
Associative Discrimination - this is direct discrimination against someone because of their association with another person who possesses a protected characteristic
Perceptive Discrimination - this is direct discrimination against a person because others think they possess a particular protected characteristic.
Discriminatory online comments can have wide ranging effects. If in doubt do not post!

21. Interception & Monitoring
Systematic monitoring
Occasional monitoring
Covert monitoring
Overt monitoring
The Telecommunications (Lawful Business Practice) (Interception of Communications) Regulations 2000

22. Other Legislation Employee Could Rely On
The Health and Safety at Work Act 1974
The Protection from Harassment Act 1997
The Racial and Religious Hatred Act 2006

23. Guidelines for Appropriate Online Conduct
If you wouldn’t say it to someone’s face don’t post it online.
the organisation’s anti-discriminatory policy and dignity at work policy apply to online behaviour.
Always ask permission of colleagues if you wish to upload a photo or video of them
Make sure you are familiar with your organisation’s policies relating to use of social media and internet use and use this as your point of reference.

24. Guidelines for Appropriate Online Conduct
If in doubt about posting seek advice from your line manager
If you want to sound off about something then avoid doing it online
If you are angry or frustrated with someone or something count to 10 before you post – remember it can be hard to retract comments once they have gone viral
Anything which you are reasonably expected to keep confidential as a part of you role should not be placed within the public arena via social media.
Do not compromise your colleagues’ privacy by sharing personal data or information.

25. Guidelines for Appropriate Online Conduct
Work related events are often trigger points and if the event has a work related element it is best to assume that the organisation’s policies apply, even though such an event may be taking place outside core hours and away from work premises.
Stay safe – think carefully about who you befriend and interact with online
Ensure you understand security setting on social media websites.
Do you want your professional and personal life to come into contact or be merged?

26. Guidelines for Appropriate Online Conduct
Free speech fine but try and apply some common sense to sensitive issues e.g. current negotiations with trade unions about pay and conditions
A jokey comment ascribing a protected characteristic to someone who does not possess it can land employees and the organisation in trouble.
Just because you are away from work (or using your own personal mobile device to post when you are at work) does not mean that you are not accountable for comments and behaviour online if it work related. Exercise caution at all time

27. Guidelines for Appropriate Online Conduct
Using social media responsibly at all times means the organisation and its staff will get the best from it.
Used irresponsibly it can create a great deal harm to the organisation and to those with whom we work