5 reasons why you need a social media policy

It's a new year and time for employers to consider updating your policies. Given that the past 12 months have seen continued development of social networking sites and a corresponding increase in the number of cases relating to employees' inappropriate behaviour online, we recommend implementing a social media policy in addition to a general E-mail and Internet policy.

A social media policy may be tailored specifically to meet an employer's business needs, and can be used to provide a clear statement to employees of required standards and unacceptable use of social media accounts. As with any policy, it is critical for an employer to ensure that employees are aware of a social media policy and that they are expected to comply with its terms. Below we set out five reasons why you may need a social media policy.

An evolving workplace

As technology evolves, so too do potential concerns regarding employees' online behaviour. It's not uncommon in the modern workplace for an employee to have access to a "private" email account, social media sites, and personal blogs at their workplace desktop.

Time spent at work premises can no longer be relied upon as being the definitive line between "work-related" and "personal" behaviour. With flexible work arrangements becoming more commonplace, many employees work from home using portable devices. A recent study found that employees of "Generation Y" (born from the mid-1980s) highly value being able to socialise on social media sites during working hours in exchange for being accessible for work at other times.

The traditional employer approach of "blocking" certain websites in the workplace is no longer effective, as an employee can alternatively access the Internet on a smart phone or other personal device. An effective social media policy sets out an employer's expectations of what online behaviour is and is not acceptable.

Potential for damage by "online" comments

Employees (and/or their "friends") have been known to post online comments that are disrespectful or damaging to their employer or create a hostile work environment. Online social media posts are permanent, searchable, accessible to a wide audience and open to misinterpretation. Of most concern to an employer, they are largely uncontrollable.

Recently in the UK an employee was accused of inappropriate use of social media because he uploaded his CV to LinkedIn. The CV contained allegedly derogatory statements about his employer, and he ticked a 'career opportunities' box to request communications from recruiters. The employment dispute that resulted ultimately led to his resignation, and the employee claimed constructive dismissal. The case, which went to the English Employment Tribunal, illustrates the vast potential for legal issues arising from employees' use of social networking at work.

It is critical to ensure that an employee understands the responsibility that comes with hosting a social media site such as a Facebook page, including liability for a third party's comments or posts. Employers should make it clear that online comments will be treated (and may result in disciplinary action) in the same way as comments made in " real life".

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5 reasons why you need a social media policy

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