The importance of a social media policy should never be underestimated by an employer.
The employer is responsible under a duty of care to all their employees, and they can be held vicariously liable where employees are victimised and discriminated inside the working environment and potentially outside of the work environment. Cyber bullying through social media can be such a situation where the employer can be held liable for an employee actions outside of the working environment. Employers can mitigate this liability where they demonstrate they have taken action to train and educate employees that such behaviour is unacceptable and put them on notice that should a breach of the social media policy occur the employer will take the appropriate action to investigate and discipline the employee.
Social media and use of internet policies should be clearly drafted to ensure the employee can understand them. The employer should make clear what they deem as acceptable use of the internet and provide training and guidelines on acceptable and responsible social media usage. Employees of course are entitled to their own political and philosophical beliefs and therefore should be told that any expression of these on their own social media accounts must be expressed to be their own opinions and not related or connected to the employer in any capacity.
Use of Social Media
Employers should provide robust training to employees so they understand how irresponsible social media use can damage the employer’s reputation and business. That it can be a breach of the employer’s policy on bullying and discrimination. Employees must understand that such action can result in the employer invoking the disciplinary procedure. Employers must also review the policies to ensure they are compliant with the latest developments in the law and that staff are provided regular training to ensure the training does not become stale. Of course, the training should encompass usage in and outside of the working environment. Monitoring by the employer of employee social media activity in and outside of the workplace should be balanced with the employees right to privacy.
Quest can assist employer to ensure their internet and social media policies are up to date and reflect current acceptable practices. Please contact our advice line to see how we can help you.
