Social Networking Sites - Bring in the lawyers
Social networking sites are now incurring the attention of lawyers. Law firm Charles Russell lays down the law.
Employees are increasingly banning social networking sites such as Facebook or Bebo and limiting internet access, according to new research commissioned by leading law firm Charles Russell.
One in three companies have banned social networking access at work. Meanwhile, four in five companies allow limited internet access only with smaller companies more likely to allow access. Media, IT and communications companies are also unlikely to restrict.
The survey of 226 human resources professionals also found that the two in three companies which allow access to social networking sites are planning to monitor or limit usage throughout the next six months, with eight per cent looking for a complete ban.
And HR professionals believed companies should have a Code of Conduct where employee/employers agree on the use of social networking sites.
Two in three employers would consider disciplinary action for the discovery of inappropriate photos on social networking sites identifying the employer.
The law firm also found that one in four respondents use searches of social networking sites as a recruitment tool.
Employment lawyers at Charles Russell urged employers to ensure there was a clear policy on internet usage.
Top Tips on Social Networking in the Office - The Lawyers' Charter
- Set out what is, and is not, acceptable.
- Consider a Code of Conduct where the employer sets down the specific internet access allowed and making the employee agree not to bring the company into disrepute through social networking sites
- In appropriate cases consider including specific provisions in termination agreements/arrangements to the effect that former employees will not make derogratory comments about the companies on these sites. These clauses should be linked to clawback provisions so that termination monies may be returned to the employer in the result of a breach.
- Good communication is key if employers are to avoid getting sued for data protection and discrimination claims. They need to ensure that existing employees as well as new recuits know the rules on monitoring.
