Social media
usage in the UK is growing
phenomenally; Facebook has over 30
million UK users, Twitter has 10
million and LinkedIn has 9 million
members. This means that the
majority of your employees are
likely to be communicating via at
least one of these networks.
However, research has shown that
just over 70% of businesses do not
monitor social networking sites at
work and there is a huge increase in
cyber crime and employment law cases
relating to social media.
This article looks at the different
aspects of social media linked to
the HR function – from the positive
influence on employee engagement the
potential pitfalls, including
publicised legal cases.
The Good
According to Michael Moran, Chef
Executive of career and talent
management consultancy 10eighty,
social media will change the way we
run our businesses and the era of
the annual engagement survey is
becoming extinct. In its place, new
digital platforms are being used to
share views and collect real-time
employee data. These include:
- Survey Monkey (www.surveymonkey.co.uk),
which has a number of
pre-prepared HR templates and
also offers survey customisation
- Yammer (www.yammer.com),
a private social network that
facilitates sharing amongst
employees and helps develop a
collaborative culture. This
social media platform is being
used successfully by Essex
County Council to encourage
employees to share views
- The company that created
Tesco’s Clubcard, Dunnhumby (www.dunnhumby.com),
has also worked with the
retailer to roll-out an employee
engagement survey that helps
build HR strategy based on what
people actually want
There are also an increasing
number of websites that recommend
employers – LinkedIn provides online
CVs of millions of employees
(including how long they have stayed
with a company) and the US site
www.glassdoor.com is about to enter
the UK market, which rates CEOs
according to how well they perform
and provides unbiased reviews of
what organisation’s are like to work
for.
These developments are important
because the MacLeod employee
engagement report, commissioned by
the Department of Business
Innovation & Skills (www.BIS.gov.uk),
shows that just a 10% increase in
engagement adds £1,500 per person to
the bottom line. The key four areas
of engagement are: leadership,
voice, integrity and engaging
managers. Social media can help
increase engagement by giving
employees a voice.
Moran believes that HR used to be
about fairness and consistency but
it has evolved to ‘mass
customisation’. It’s a bit like
what’s happening to the automotive
industry – you buy the core shell of
a car and then customise it.
Likewise, HR practitioners are now
being asked to personalise
employment contracts and employee
development.
Ultimately, social media is
changing employees’ expectations of
employers and HR practitioners
either recognise this and adapt or
choose to ignore it and fall behind.
The social media revolution has
started and there’s no going back.
The Bad
On the flip side, social media
can also generate huge problems for
organisations – as seen by digital
forensics specialist Cy4or. The
computer crime investigation company
have seen a large increase in social
media being abused in the workplace.
The five key areas of concern
are:
- Information security -
(people tend to trust links sent
to them via social media because
they are from someone they know.
However, clicking on certain
links can download harmful
malware onto the IT system).
- Productivity -
‘cyberslacking’ is becoming more
prevalent in employees and
bandwidth hogging is a big issue
for some companies (especially
smaller businesses). The latter
is usually caused by streaming
media and can cause external and
internal communications to slow
down considerably.
- Criminal – using a company’s
IT system to post criminal
information
- Civil & Litigation – there
is a huge increase of litigation
cases that use information
collected on Facebook
- Employment – sometimes
what’s posted outside of work
(especially online rants after a
few glasses of wine on a Friday
night) can affect a persons
employment because they can be
damaging for a company’s
reputation
One of the most concerning
aspects of the ‘bad’ side of social
media is that a recent survey by
Proskauer (www.proskauer.com)
has shown that 72.6% of employers
don’t monitor social networking
sites at work. Employers need to
consider the importance of their
reputation and make sure that they
have social media controls in place
with clear plans of how they are
going to act if an issue is
discovered.
The Ugly
Will Clayton, employment law
partner at Taylors Solicitors, has
seen an increasing number of cases
where an employee’s private social
media usage has affected their
employer / employment adversely. The
difficulty is knowing where the line
should be drawn between an
employee’s private life and their
responsibilities towards their
employer.
A pre-social media employment law
case, Singh v London Country
Business Services Ltd [1976],
provides a long established
principle: ‘employees are not
prevented from challenging conduct
just because it happens outside of
work so long as it could or is
thought likely to affect the
employee or his work’.
This principle can directly be
applied to social media usage – as
shown by the recent case of Kirsty
Cook-Bell, a 33 year old science
teacher who posted semi-naked
pictures of herself, with her face
smeared in lipstick, on Facebook.
The pictures were seen by pupils at
her school (which is backed by a
Christian Charity) and the school
suspended her.
Another example is the case of
thirteen Virgin Atlantic crew
members who branded passengers as
‘chavs’ and mocked the airline’s
safety on their Facebook pages. The
airline took action against all 13
staff who took part, on the basis
that their behaviour was totally
inappropriate and they brought the
company into disrepute.
Will Clayton personally advised
on the case of Mr K Gosden v
Lifeline Project. His client, The
Lifeline Project, is a charity that
specialises in harm prevention and
recovery services for drug and
alcohol dependent users. The
charity’s largest client is HMPS –
providing the organisation with full
time employees to work across a
number of prisons.
This particular case involved a
prison offer (Mr Gosden) sending an
email from his private hotmail email
address one Saturday evening to a
private email address of an
acquaintance who was connected with
HMPS. The recipient then forwarded
the email to his colleagues within
HMPS. This prompted disciplinary
action within the prison. The trail
led back to Mr Gosden and HMPS
communicated their serious concerns
to Lifeline over the content of Mr
Gosden’s email. The email contained
racist, sexist and anti-Islamic
content and images.
Lifeline has a clear and
published commitment to equality and
diversity. The charity’s record for
not discriminating in its services
and in combating discrimination at
work is a significant factor in its
ability to continue to win contracts
from public sector organisations. In
this particular case, Mr Gosden’s
private behaviour was considered so
inconsistent with the values of the
organisation that Lifeline
subsequently dismissed him for gross
misconduct. At the Employment
Tribunal Hearing of Mr Gosden’s
claim of unfair dismissal he sought
to argue that his actions were
private and because it was not Mr
Gosden who sent the email into the
prisons but a third party outside of
his control, it was not fair to
blame him for that. The Tribunal
disagreed and found that Lifeline’s
actions in dismissing Mr Gosden were
fair and reasonable in all the
circumstances and that any right
that Mr Gosden had to privacy did
not outweigh Lifeline’s rights to
take these steps to protect its own
reputation.
According to Clayton, the main
factors to consider when considering
how to address private social media
use by employees which could be seen
to be inappropriate are:
- the known and the potential
readership
- the strength of any claim to
privacy over the communication
was
- compatibility with the
employer’s purpose/ reputation
or employee’s role
- any other criticisms of the
employer, their employees,
suppliers or customers
- the employer’s disciplinary
rules and policies over social
media
When the question was posed to
over 40 HR professionals based in
the Manchester area who attended
Taylors’ HR Exchange launch event,
we found that none thought that
social media use should be banned
completely, or that employees should
have completely unrestricted access.
All delegates agreed that social
media should have ‘controlled use’
in the workplace meaning there was a
clear need and business case for
effective Social Media policies.
In response Will Clayton
highlighted that according to ACAS
“All employers should have a
[written] policy on internet/ social
media use…[which]…must set out
clearly and explicitly the
organisation’s expectations of and
definitions of acceptable and
unacceptable behaviour, and the
consequences of violation. This
should be consistent with the
disciplinary procedures and
cross-refer to them…”
Other ACAS recommendations on the
subject include:
- Online conduct should not
differ from off-line conduct…
- The policy should be drawn
up in consultation with staff/
representatives
- Policy on internet use also
needs to be communicated
- Review policies on internet
use/ social media on a regular
basis
Will Clayton also noted the
following questions when putting
together your policy:
- What kind of usage is
allowed for business?
- What kind of private use is
not permissible?
- How will/ may the employer
monitor employee’s use of social
media platforms?
- Are the consequences of
breaches clearly communicated?
Summary
Social media is blurring the
lines between people’s professional
and private life. This brings a set
of HR issues that range from
productivity problems to bringing an
organisation into disrepute.
Conversely, it also brings
opportunities - especially in the
area of employee engagement, which
can have a positive affect on a
company’s bottom line.
The main message to take away from
all of this is to make sure a social
media policy is in place and is
clearly communicated to all staff.
Taylors Solicitors have partnered
with Cy4or Forensics to produce a
social media policy. Members of The
HR Exchange can get the policy at a
reduced rate. Please contact Will
Clayton for more information on 0161
200 5695 or via email:
will.clayton@taylors.co.uk. |