Page 8 - Moore Blatch Business Magazine edition 2

EMPLOYMENT

Social media has created a new environment where businesses
and people can interact more freely and frequently, but with it
comes increased risk for businesses.

With technology evolving at such a rapid rate, it is vital that
employers are aware of the latest possibilities and how these
relate to your legal obligations.

Here, Katherine Maxwell from Moore Blatch’s employment
team highlights four areas businesses need to be aware of, and
how to reduce the risk when social media is used by them.

CYBER BULL YING

The risk: Under the Health and Safety at Work Act employers
have a duty of care to their staff. In the past bullying generally took
place in the workplace, social media has now opened up a new
arena. A recent study by experts at the universities of Sheffield and
Nottingham found that eight out of ten employees have experienced
cyber bullying in the past six months. The implications of online
harassment can result in lawsuits against not just the perpetrator, but
the employer too.

The solution: Ensure both your anti-bullying and harassment, and
social media policies cover cyber bullying and make it clear to staff the
consequences of any breaches. Also ensure the documents include UNF AIR DISMISSAL
reference to usage of social media outside of work in this context.
The risk: Negative comments made by staff on social media about
DEF AMA TION AND CONTEMPT
their employer, clients or suppliers can have a huge impact on a
company’s reputation. However, it is important to be aware that
The risk: The number of defamation cases brought to civil court unless you have a clear social media use policy and are able to prove
over social media increased 300 per cent in 2014 compared to 2013, employees are made aware of it and receive adequate training,
and it’s not just individuals in the firing line. If a business leaves a derogatory comments will by no means justify dismissal. Should an
defamatory Facebook post on their wall and fails to take it down if employee be fired if these documents are not in order, you could put
somebody objects to it, they are seen to be a publisher of that post yourself at risk of a costly unfair dismissal case.
and can be open to defamation or contempt proceedings.
The solution: Work with your legal team or an outside professional
The solution: Ensure your company social media profiles are to create a social media use policy for staff which covers exactly what
monitored at least daily and that the team responsible for it has the is expected of them. Ensure this forms a part of the induction process
necessary cover in place, for example, if a member of staff is on and regular training and updates are given. Because social media
holiday. Unanswered requests to remove a post can be used against evolves so quickly it’s vital to review your policy on a regular basis.
you in court.

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