The challenge of social media in employment

The use of social media by employees is becoming an ever more contentious area. I am

regularly asked by employers if they can take disciplinary action against employees for comments put on social media such as facebook.

There is as yet a shortage of useful authority but what is clear is that any employer must consider a number of issues, such as whether it is appropriate for them effectively to be eavesdropping on private conversations.  At the very least there must be a legitimate business interest capable of protection for an employer to be able to allege misconduct.  It can be done, but the employer must look realistically at the facts of each case.

This also applies to using social media to check up on people at the recruitment stage.  It is becoming more common but employers must ensure that it does not lead to an inference of discrimination against the prospective employee.

My strong suggestion is that employers should have a clear policy on use of social media and then act in accordance with that policy. As for employees if you are going to be active in social media then bear in mind that unless you are very careful much of what you publish about yourself and your activities may be accessible by your employer/prospective employer or customers. What may seem like a good joke may have more serious ramifications. Proceed with caution!!