The misuse of social media by staff can present significant legal and reputational challenges to employers. However, UK employers can manage these risks effectively while respecting employee rights by implementing clear policies, training staff, and acting reasonably. This article sets out appropriate guidelines to assist employers to manage the personal use of social media by staff members.

1. Implement a Clear Social Media Policy

Employers should define what is acceptable and unacceptable online conduct. Typically, a social media policy will state that staff should ensure that their profile and any content that they post is consistent with the professional image that they present to colleagues and clients.

A social media policy should clearly outline the consequences of a breach of the policy (i.e. disciplinary action up to and including dismissal) and what remedies may be required by the company, such as having to delete the posts.

Any social media policy should also set out the rules regarding personal use of social media during working hours or when using company devices. This could be a blanket ban or may be conditional (e.g. occasional use may be permitted provided it does not involve unprofessional or inappropriate content).

Employers should also highlight the policy as part of any induction and training and provide regular training on the policy and any changes to it.

2. Ensure Consistency and Fairness

Employers should apply the social media policy consistently across the workforce.

Employers should consider context, severity, and potential impact of any social media posts before taking disciplinary action against any staff.

If there is any alleged misconduct online, employers should conduct a thorough investigation and give staff a chance to respond. A failure to conduct a reasonable investigation and follow a fair process may result in an employment tribunal claim for unfair dismissal.

3. Training

Employers should arrange regular anti-harassment and diversity and inclusion training to promote an inclusive culture and a zero tolerance for bullying.

Employers should advise employees to remain respectful and sensitive when discussing controversial topics on social media platforms. Whilst employees have a right to freedom of expression, this is not an unlimited right and does not extend to prejudice or derogatory comments about the company.

4. Policies and procedures

Employers should regularly review their disciplinary policies and ensure that breaches of the social media policy are dealt with appropriately and proportionately.

Please contact us if you would like more information about the issues raised in this article or any other aspect of employment law on 029 2034 5511 or at employment@berrysmith.com.