Employment Law Tip of the Week – Social Media Policy
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A robust Social Media Policy can create awareness help employers address issues with employee social media usage.
Fieldfisher Ireland's recent Employment Law "Review of the Year" considered how employee social media commentary on topical issues or posting of political views can create reputational and other issues for employers.
At our event, we outlined a number of top tips to put employers in the best position to deal with instances of possible employee social media misuse.
1. Have a Social Media Policy:
Employers should have a clear Social Media Policy which identifies prohibited behaviour. Examples could include comments promoting illegality, derogatory comments or sharing inappropriate media in a work-related context (including photos/videos of their colleagues).
Employees should also be made aware that fellow employees, customers and members of the wider public might not share their political views and that some sensitive topics may need to be nuanced.
2. Provide Training and Ensure Awareness:
The Social Media Policy should be clearly notified to employees and training or other awareness initiatives should be considered.
3. Conduct Investigations and Consider Sanctions:
If a breach of the Social Media Policy is suspected or a complaint received, a thorough investigation and, potentially, a subsequent disciplinary process may be required.
In some of the higher profile termination of employment disputes that created media attention, employees were dismissed because of social media posts with little to no due process. A good process goes a long way and snap decisions can expose employers to unfair dismissal claims where the employee has a high likelihood of success, even where the online conduct may appear unacceptable.
The proportionality of any disciplinary sanction needs to be thoroughly considered where a breach of the Social Media Policy has been established. Dismissals should only arise in the most serious of situations or where there is a cumulative pattern of misuse.
4. Assess Reputational Damage:
Often the biggest consideration is whether the social media post has created reputation issues for the employer. Many such posts are purely personal or could not be seen to be associated with or implicate the organisation.
For misconduct to arise it may be important to establish a clear link between the comments posted and damage to the organisation.
Should you or your business require employment law advice, feel free to reach out to our team members Barry Walsh, Greta Siskauskaite and Paul Bruun-Nielsen
The above is for general guidance only and is not intended as professional advice. Advice should always be taken before acting on any of the issues identified.