It was recently reported that Paris Brown, who at 17 is Britain's first youth crime commissioner, placed herself and Kent Police in hot water following a series of offensive Twitter posts. Hers was a tearful and very public apology, which resulted in her declining the post. While the case called into question the appointment of one so young to such an important role, it also highlighted the potential pitfalls of employees using social media such as Twitter in both a personal and professional capacity. It also showed the hidden dangers that lurk in the area where personal and professional is blurred.
Employers using sites such as Facebook, LinkedIn and Twitter to monitor what their employees get up to could be breaching privacy laws and data protection legislation in the UK.
Employers are already aware of the difficulties social networking has on their business. It has been estimated that lost productivity costs the UK economy approximately £14 billion every year.
Employers can be liable for the acts of employees outside of the workplace. They may need to defend potential defamation claims if employees use social networking sites to comment on colleagues or customers.
Increasingly, social networking sites have seen a rise in cases of cyber bullying, harassment and victimisation. These sites are readily accessible and confidential information has the potential to be revealed. In 2011, a banking employee was dismissed for writing how much her new CEO's salary was on Facebook.
Social networking can impact on the reputation of a company. Clearly, the case of Paris Brown and Kent Police has called into question that organisation's reputation, but it is not alone. In a recent Employment Tribunal case, the manager of a popular bar chain posted negative comments on her Facebook page about customers. The company discovered the comments and the employee was dismissed on grounds of gross misconduct. The comments made by the employee were found to have brought the company into disrepute and lowered its reputation.
While the risks to employers are high, they must act reasonably in responding to information posted by employees. If an employer unreasonably dismisses an employee they could find themselves facing a claim for unfair dismissal.
Employers should set out a clear policy for employees about the use of social media both within the business and during their personal time. The employer should set out guidance as to what is acceptable and what is unacceptable use of social networking sites by employees. As the technology is constantly changing, it is vital these policies are updated regularly and employees kept aware of changes. Ultimately, employers must act reasonably in dealing with employees using social media, especially where it could have a detrimental effect on the company.