Social Networking & Media

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1 Social Networking & Media The world is changing fast and how we communicate is changing even faster. There are great benefits to today s technology and its widespread use, but there are also risks that employers and employees should be aware of. Key Points Develop a policy on the use of social media at work. This should include what is and what is not acceptable behaviour for the use of the internet, s, smart phones, blogs and tweets. Be careful if you screen potential candidates by looking at their social networking pages - this may be discriminatory. Employees should review the privacy settings on their social networking sites. Inform and consult with your employees if you are planning to monitor social media activity. Update your policies: for example, bullying policies should include references to 'cyber bullying'. Be sensitive to work-life balance - the line between work and home is becoming increasingly blurred by the use of modern technology. Smart phones, internet, tweeting, blogging - we have accepted all of these innovations, and many more, as part of our working lives, helping us to work more flexibly, stay in touch for longer and respond to each other more quickly. But is it all good news? Some estimates report that misuse of the internet and social media by workers costs Britain's economy billions of pounds every year and add that many employers are already grappling with issues like time theft, defamation, cyber bullying, freedom of speech and the invasion of privacy.

2 Social Media Policy Employers need to establish their approach to social media, educate their employees on what is expected of them, and put in place workplace documentation that gives them the ability to enforce this. This will help employees who use social media either as part of their job, or in a personal capacity, by providing clear guidance as to the employer s expectations Emerging case-law shows that a social media policy is a key tool in preventing claims, protecting the business and managing the brand. This can be accompanied by corresponding changes to contracts, guidelines and available modes of staff communication. A policy need not necessarily have to drawn up from scratch if, for example, the employer already has guidelines for the use of s and the internet that can be expanded. Employers who embrace social media can set up their own internal equivalent of Facebook or encourage brand development through employee use of external social media; however, the purpose and rules of engagement must be defined. Employers should also frequently review and update this documentation to ensure that it is consistent with the fast-moving development of technology. A recent research paper from the Institute of Employment Studies, commissioned by Acas, highlights the difficulties some employers are having in setting standards of behaviour for the use of social networking tools. The report advises employers to take a "common sense stance" to regulating behaviour and to draw on "norms that might apply in non-virtual settings". In other words, treat 'electronic behaviour' as you would treat 'non-electronic behaviour'. It s important the policy draws a distinction between business and private use of social media. If you allow limited private use be clear about what this actually means. For example, the policy would not apply to the employee s personal use of social media platforms, in their own time, that make no reference to the employer or employment related issues.

3 Why have a policy? By having a written policy on 'the acceptable use of social networking' at work an organisation can: help protect itself against liability for the actions of its workers. give clear guidelines for employees on what they can and cannot say about the company. help line managers to manage performance effectively. help employees draw a line between their private and professional lives. comply with the law on discrimination, data protection and protecting the health of employees. set standards for good housekeeping - for example, for the use and storage of s. be clear about sensitive issues like monitoring and explain how disciplinary rules and sanctions will be applied. What should it cover? Network security: to avoid viruses, most organisations will have controls on the downloading of software. Technical security features, such as firewalls, will usually be managed by the IT department. Acceptable behaviour and use for: o Internet and s: what limits are there on personal use of internet and ? o Smart phones: employers need to update their policies to cover new and evolving ways for accessing social networking tools and to reflect changing employee behaviour and attitudes. o Social network sites: remind employees of privacy settings. Research has shown that the majority of employees would change what they have written on their social networking sites if they thought their employer could read them. Also cross reference to your bullying and harassment policy.

4 o Blogging and tweeting: if an employee is representing the company, set appropriate rules for what information they may disclose, the range of opinions they may express and reference relevant legislation on copyright and public interest disclosure. Data protection and monitoring: Have you considered alternatives to monitoring and can you justify its use in terms of the negative impact it will have on your business? Make sure you consult thoroughly with your employees and their representatives. Business objectives: As well as setting clear rules on behaviour, many employers are integrating the use of social media tools into their business strategy. Social networking can be used internally to promote levels of employee engagement and externally to help promote the organisational brand and reputation. Disciplinary procedures: Try and apply the same standards in virtual and nonvirtual settings. To help you respond reasonably, consider the nature of the comments made and their likely impact on the organisation. Provide examples of what might be classed as 'defamation' and the sanctions you will impose. Also, be clear about confidentiality and what constitutes intellectual property. Who should be involved? Consultation: consultation with staff on the policy will help to ensure the policy is fair. It will also help to make the policy relevant to your organisational needs - for example, if your employees handle sensitive, confidential information on members of the public your policy will have to reflect this. Communication: a high proportion of employees don't know if their employer has a policy on internet use. Technology is evolving so quickly that many policies soon get out-of-date, so they need to be reviewed regularly. Social media channels can be a good channel for raising awareness of your policy. HR induction: a report published in 2010 by My Job Group found that 55% of employees questioned admitted to accessing social networking sites at work. The research does not suggest that use of these sites is affecting productivity but your induction programme is a good way to set clear boundaries about the use of the

5 internet. Each organisation will have its own culture and standards of 'acceptable behaviour' but it is best to be as clear as possible about these from the start. What are the legal considerations? Human Rights Act 2001 gives a 'right to respect for private and family life, home and correspondence'. The provision is directly enforceable against public sector employers, and all courts must now interpret existing legislation in relation to the Human Rights Act. Case law suggests that employees have a reasonable expectation of privacy in the workplace. Data Protection Act 2002: the Data Protection Supervisor is responsible for enforcement of the Data Protection Act. Information about individual rights and other general advice can be found at the Office of the Isle of Man Data Protection Supervisor: