Employment Law Explained

Category Archives: social media

Jobsworth on TV

Recently I was interviewed on Legal Network TV (part of the College of Law’s Multimedia Unit), for their guide on social media in the workplace. The programme is aimed at law firms and is split into two parts. For more details please click here.

The first part of the programme is covered by Christopher Sherliker of Silverman Sherliker solicitors (and of @London_Law_Firm fame) where he discusses why solicitors should use social media and the second part is on the issues that employers face from social media usage in and around the workplace. That’s my bit.

Misuse of Social Media Won’t Always be Grounds for Summary Dismissal

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Image via CrunchBase

I’ve written on many occasions before about how employers need to have a usage policy for social media to guide employees on what is and is not acceptable use of Facebook, Twitter, blogs etc. As the recent (unreported) case of Stephens v Halfords PLC has shown, merely having a policy is not a magic panacea in itself.  Employers must act reasonably in enforcing that policy.

Halfords apparently has a social media usage policy which prohibits employees making any comments on social media platforms that were not in the best interests of the company or that encouraged dissent. That seems rather oppressive, if correctly stated but that’s another issue.

Can You Joke In The Workplace?

If you make a lewd comment or joke at work, might you be in trouble? Following the case of Laura Bowater this week the answer is yes, you may be.

It doesn’t take the law any further forward than it was before but it does highlight how workplace situations can get out of hand.

Ms  Bowater was a nurse at the end of her shift at the Central Middlesex Hospital.  She was called upon by a colleague to assist in restraining a naked male patient who was having an epileptic fit.  At some point in the process she ended up astride him, near his genitals and said “‘It’s been a few months since I have been in this position with a man underneath me”.

Blogging and the Workplace

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If you’re a blogger, should what you write about online be any concern of your employer? A case before the East London ET is dealing with the vexed issue of reputational damage to an employer caused by an employee in their spare time.

Allen & Overy, the Magic Circle City law firm would say yes, having dismissed Deirdre Clarke, formerly a Senior Associate in their Moscow office and author of the Philosophy Can be Sexy blog.

Can You Slag Off Your Boss on Facebook?

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Have you ever ranted about your boss or a fellow worker using Facebook, or social media?  If yes, what happened?

In the USA an “emergency medical technician” (what’s that, a paramedic?) was fired for slagging off her boss on Facebook.  Yesterday, the New York Times carried a report on the actions of the National Labor Relations Board  (“NRLB”) (a US business-union forum for supervising industrial relations it would seem) which filed a complaint alleging that the employer had breached the National Labor Relations Act which, according to the report, protects workers from being disciplined for discussing working conditions or unionization.

Facebook May be Denied to German Recruiters

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The New York Times reported recently that Germany is considering introducing legislation to outlaw employers from searching on Facebook and other purely social websites to “research” job candidates.  It would be permissible for them to look on sites like LinkedIn, which are business oriented, but would prevent “personal” information being used in the recruitment process.

Old News Rehashed:Employers Warned to Monitor Social Media Usage at Work

A survey by a firm of recruitment consultants has shown that more than 50% of employees admit to using social media during working hours. More than 33% claim to spend more than 30 minutes per day on “the likes of” Facebook, MySpace and Twitter during working hours, costing the UK up to £14 billion in “lost productivity”.  Click here for the report in Personnel Today.

Facebook “Joke” Turned Sour: Why Employers Need To Take Note

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The Metro newspaper reported on Wednesday how a student won £10,000 in damages from a former friend.  Raymond Bryce, a law student, failed to see the funny side of chef Jeremiah Barber’s post of a paedophiliac picture on his Facebook page with the words “ Ray, you like kids and you are gay so  bet you love this picture, Ha Ha”.  Bryce sued Barber in the High Court for libel and won damages.  Barber ended up with a large money Judgment against him, a conviction for circulating indecent images of children and 150 hours’ community service. This is yet another illustration of how some people seem to take leave of their senses when using social media.   What a thing to “joke” about!

40% of UK Employees Criticise Their Bosses on Facebook and Twitter

myjobgroupflatlogo1 40% of UK Employees Criticise Their Bosses on Facebook and Twitter   social media According to a survey by the recruitment agency MyJobGroup.co.uk, compiled in conjunction with law firm Irwin Mitchell, 40% of UK employees admit to criticising their employers on social networking sites like Facebook and Twitter.  Furthermore most staff had little or no idea of the legal implications of what they wrote online.  Click here for the press release.

The report contains some surprisingly large numbers, for instance;

  • 20% of employees admit to “lambasting” their employers online
  • 53% would support disciplinary action against fellow employees sticking the online boot into the workplace

Social Media in the Workplace

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Last Friday I gave a presentation to users of the City Business Library at the Guildhall in London.  The topic was the use of social media in the workplace and the issues it raises for employers. You can view the presentation by clicking here.

There was a useful discussion afterwards and most people had stories to tell of how people at work had misused email, inadvertently or otherwise.  Social media, of course, goes beyond just email and surfing the internet.  Indeed, controlling use of these two is probably the easiest of the challenges facing employers.  IT departments can deny access to dodgy websites and it is easy to tell employees what should and should not be said from the corporate email account (although having said that it is still amazing how many people ignore this).