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Facebook, MySpace and Twitter.....is your business safe?

How long is it since you last reviewed your IT Policy, that is, if you have an IT Policy at all?

The most likely answer is going to be “not recently” and if that is the case, you are not alone. Many businesses implement IT Policies dealing with email and internet usage, but due to the speed of technological advances, these policies may no longer be fit for purpose.

There has been much press about social networking sites such as Facebook, MySpace and Twitter with the debate mainly focussing on whether it is good practice for employers to impose “blanket” bans on such sites, on the basis that productivity is reduced because employees are accessing sites during working hours.

A much more difficult dilemma is how to deal with the situation in which an employee during their own time, using their personal computer, posts comments or photographs relating to their employment on a social networking site. We have all heard stories about the employee who called in sick the morning after a night out having posted comments on Facebook saying what a “great night out” it had been.

Even those of you who are not keen football fans, will no doubt have heard the recent headlines regarding the Newcastle United footballer Joey Barton who was told he could leave the club on a free transfer and fined 2 weeks wages, after ranting on Twitter about the club. Joey Barton’s use of the social networking site comes as the Premier League prepare to introduce new guidelines on how players can use the site.

It is clear that in today’s day and age, employers really should have a policy in place detailing that any defamatory or derogatory comments made about the company, colleagues or clients posted on social networking sites, whether during or outside of working hours may be considered to be gross misconduct. If there is such a policy in place then it will be much easier and less risky for employers to discipline or dismiss staff for posting inappropriate comments on a social networking site.

However, if there is not policy in place employers often find themselves in a difficult situation. It is not always reasonable to discipline an employee if they were not made expressly aware that what they were doing (e.g. posting comments about the company) is against company policy. Of course, to a certain extent it is common sense, and if the comments made are so seriously damaging for a business it may be appropriate to take action against the employee even when no policy is in place. That being said, it is much easier to have a policy in place explaining what is acceptable and unacceptable in relation to social networking sites, before an incident occurs.

To assist you with this potential issue, we have prepared a social networking policy which you may wish to incorporate into your staff handbook. If you would like to purchase a copy of the policy and/or if you would like discuss any of these issues further, please contact the Withy King Employment Team on 0800 923 2062.
 

Posted by:

Emma Chappel

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