1. Social Media in the Workplace West Sussex Managers Forum
Nicola Brown

2. Introduction What do we mean by social media?
“Technology that enables online users to interact and share information with one another publicly or privately”
As well as Facebook etc. it also includes blogs, wikis, and other user-generated content

3. Introduction Initially – concerns about loss of productivity
Full or partial bans on accessing social media sites at work
But… now not only with employer’s equipment

4. Introduction But: reality of the modern world
24m+ in the UK use Facebook every day
Twitter has over 15m UK users
Encourage, discourage or tolerate?
Some organisations need to embrace it
Is a ban the answer?

5. Issues to be aware of Damage to reputation Defamation
Derogatory comments about the organisation and/or its clients
Damage to reputation
Defamation

6. Issues to be aware of Breach of confidentiality Business information
Client information
Colleagues’ personal information

7. Issues to be aware of Cyber bullying and discrimination
Social media blurs the line between work life and personal life
Vicarious liability

8. Preece v JD Wetherspoon (2010) ET

9. Preece v JD Wetherspoon (2010) ET
Dismissal – FAIR
Employer had clear social media policy
Visible to ‘friends of friends’ instead of just ‘friends’

10. Whitham v Club 24, trading as Ventura (2010) ET

11. Whitham v Club 24, trading as Ventura (2010) ET
Dismissal – UNFAIR
General moan about work
No indication relationship with Skoda/Volkswagen would be affected

12. Crisp v Apple Retail (2011) ET

13. Crisp v Apple Retail (2011) ET
Dismissal – FAIR
Clear social media policy plus training
Comments could have been forwarded
Not inconsistent treatment – other employees had owned up and apologised

14. Teggart v TeleTech UK Limited (2012)

15. Teggart v TeleTech UK Limited (2012)
(Northern Ireland Industrial Tribunal)
Dismissal was FAIR
Brought employer into disrepute
Harassed a fellow employee
Had the employer taken reasonable steps to prevent the harassment?

16. Novak v Phones4U (2012) EAT

17. Novak v Phones4U (2012) EAT
Facebook posts by one employee but ‘liked’ by several others
Connection in terms of individuals, subject matter and timing
Was a continuing act for discrimination purposes
Does the act continue while the Facebook posting is visible?

18. Blue v Food Standards Agency (2014)

19. Blue v Food Standards Agency (2014)
Usage of social media was outside work
Exemplary record
Was never an intention to follow through and his comments were with that understanding
Dismissal was disproportionate and therefore UNFAIR

20. Recruitment
Over 40% of employers say they always Google candidates - only 2% never do
If you do look... when?
Beware of what you might find – or not!

21. Key points to note
Ensure your policy reflects reality and your values, and links to other policies, e.g. equal opportunities
Make sure staff are aware of your position – perhaps offer training?
Be wary of jumping to conclusions on the basis of comments or pictures on social media – they don’t always tell the full story

22. Any Questions?