The current story in the news focused on Gary Lineker’s departure from the BBC following a controversial social media post is not an isolated incident. Often, we see employees, usually in senior or high-profile positions, finding themselves in hot water over something they have posted on their profile. And while the public can be quick to jump on them, what can employers do when it comes to managing the use of social media in their business?
Can employers monitor their employees’ social media use?
A clear social media policy is the first step in outlining the expectations the business has of its employees, stating what is acceptable, how it should be used, and any consequences for breaches.
This may include reasonable monitoring of what employees share on their social media sites. For example, it would be reasonable for this policy to require no defamatory comments to be made against the business, or cover areas like harassment. The policy may also detail expected behaviours of employees in the public eye.
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Employees do however have a right to respect for private and family life, so employers should be mindful of breaching this when introducing measures to monitor their employees.
The extent of monitoring and restriction put on employees’ social media use may depend on the nature of the individual’s role or industry – for example, those in the public eye may warrant closer monitoring than employees working an ‘every day’ job.
What can employers do when it goes wrong?
Whilst employers may want to quickly jump to their own defence and reassure the complainant or public they are taking action; a fair and thorough process should be conducted before deciding on an outcome. Employers should therefore refer to their internal policies to see what, if any, breach may have taken place.
Fully investigating the concerns should be the first step. Then, if there are matters that justify progressing to a disciplinary hearing, it should take place in line with company procedures. Employers should be careful here as several factors will impact on whether the post justifies disciplinary action – this includes whether the account is private, can the individual be linked back to the company, and what the impact of the post was amongst other things.
Where a senior or high-profile employee is involved, it can be a common consequence of holding that position that the employee will be seen as a representative of the brand, and this may prove to be a key factor when it comes to deciding if disciplinary action is necessary.
There are several possible outcomes ranging from no action through to dismissal. When deciding, employers should ensure they can objectively justify the outcome they have reached. Employer’s must also ensure any contractual and legal obligations are met.
Ultimately, it is up to businesses to find the appropriate balance, ensuring they deal with the issue in line with their internal policies, but also with their legal obligations.
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Peninsula Team
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