Social media in employment

‘Social media’ is the broad term used to describe the latest evolution of internet and web-based communication platforms which enable users to rapidly connect and interact in a variety of different formats. A social media site is a platform that allows user-generated content to emerge through interactions and collaborations in a virtual community. This contrasts with earlier websites and other forms of broadcast media where users are limited to the passive viewing of content.

This evolution of the web has several characteristics which need to be understood when considering its impact upon organisations:

Accessibility / usability – Social media is available to anyone who can use a computer or a smart phone. The high accessibility follows from two factors: firstly it is cheap and secondly – unlike traditional media production – it typically does not require specialised skills from users.

Immediacy – Whilst traditional media often suffers from a time lag before their message reaches their audience, social media reaches its users quickly, sometimes instantaneously.

‘Perpetuity Paradox’ – Social media can be adapted or enhanced almost instantaneously through user comments, editing or content submission. This co-creation of content and meaning is a driving force in the digital social space. However, paradoxically, social media content once created is very hard to delete as millions of digital copies can be made and transmitted instantaneously.

Reach – Social media has the ability to reach a vast number of people instantaneously and the technologies provide a platform which allows for two-way communication.

The easier the social media is to use and access the higher its adoption rate and the more it becomes a fundamental part of everyday life.

Impact for organisations
The rise of social media usage by employees presents employers with a number of challenges in relatively uncharted territory. Employers need to agree and establish standards of behaviour for the use of social networking tools. A recent research paper from the Institute of Employment Studies, commissioned by ACAS advises employers to take a "common sense stance" to regulating behaviour and to draw on "norms that might apply in non-virtual settings". In other words, treat "electronic behaviour" as you would treat "non-electronic behaviour". This whole matter has implications for the employment relationship, e.g. new legal and ethical questions on what the acceptable norms of behaviour are.

Most employers will already have guidelines for the use of emails and the internet but they need to consider expanding these to encompass social media. It is important to be clear throughout such a policy the distinction between business and private use of social media. If limited private use is allowed clarification must be given as to what this actually means.

Why have a policy?
By having a written policy on 'the acceptable use of social networking at work' an organisation can:

• help protect itself against liability for the actions of its workers
• give clear guidelines for employees on what they can and cannot say about the company
• help line managers to manage performance effectively
• help employees draw a line between their private and professional lives
• comply with the law on discrimination, data protection and protecting the health of employees
• set standards for good housekeeping - for example, for the use and storage of emails
• be clear about sensitive issues like monitoring and explain how disciplinary rules and sanctions will be applied.

Things you need to consider
Acceptable behaviour and use for:

• Internet and emails: what limits are there on personal use of internet and email?
• Smart phones: employers need to update their policies to cover new and evolving ways for accessing social networking tools and to reflect changing employee behaviour and attitudes.
• Social network sites: remind employees of privacy settings. Research has shown that the majority of employees would change what they have written on their social networking sites if they thought their employer could read them. Also cross reference to your bullying and harassment policy.
• Blogging and tweeting: if an employee is representing the company, set appropriate rules for what information they may disclose, the range of opinions they may express and reference relevant legislation on copyright and public interest disclosure.

Data protection and monitoring: Make sure you consult thoroughly with your employees and their representatives if applicable. Be upfront about any monitoring that the company does.

Network security: Involve your IT department / consultant regarding technical security features, such as firewalls to avoid viruses, have controls on the downloading of software.

Business objectives: As well as setting clear rules on behaviour, many employers are integrating the use of social media tools into their business strategy. Social networking can be used internally to promote levels of employee engagement and externally to help promote the organisational brand and reputation.

Disciplinary procedures: Try and apply the same standards in virtual and non-virtual settings. To help you respond reasonably, consider the nature of the comments made and their likely impact on the organisation. Provide examples of what might be classed as 'defamation' and the sanctions you will impose. Also, be clear about confidentiality and what constitutes intellectual property.

Legal considerations
The Human Rights Act 1998 gives a "right to respect for private and family life, home and correspondence". The provision is directly enforceable against public sector employers, and all courts must now interpret existing legislation in relation to the Human Rights Act. Case law suggests employees have a reasonable expectation of privacy in the workplace.

The Regulation of Investigatory Powers Act 2000 covers the extent to which organisations can monitor or record communications at the point which they enter or are being sent within the employer's telecommunications system, and applies to public and private communication networks. It gives the sender or recipient of a communication the right of action for damages against the employer for the unlawful interception of communications. There are two areas where monitoring is not unlawful. These are:

• where the employer reasonably believes that the sender and intended recipient have consented to the interception
• without consent, the employer may monitor in certain circumstances, for example, to prevent crime, protect their business or to comply with financial regulations.

The Data Protection Act 1988. The Information Commissioner is responsible for enforcement of the Data Protection Act and has published a code of practice to help employers comply with the provisions of the Act. The Employment Practices Code clarifies the Act in relation to processing of individual data, and the basis for monitoring and retention of email communications.

Other factors to consider
Consultation: consultation with staff on the policy will help to ensure it is fair. It will also help to make the policy relevant to your organisational needs - for example, if your employees handle sensitive, confidential information on members of the public your policy will have to reflect this.

Communication: a high proportion of employees don't know if their employer has a policy on internet use. Technology is evolving so quickly that many policies soon get out-of-date, so they need to be reviewed regularly. Social media channels can be a good channel for raising awareness of your policy.

Training: Your induction programme is a good way to set clear boundaries about the use of the internet. Each organisation will have its own culture and standards of 'acceptable behaviour' but it is best to be as clear as possible about these from the start with new employees. You may want to consider doing an annual update to employees regarding all Company policies.

As always if you need any further information please contact your HR Consultant / HR Manager who will be happy to provide support.