Quick look – New ACAS social media guidance

According to a survey carried out by My Job Group the misuse of social networking costs the UK economy £14 billion annually in 'lost time'. It comes as no surprise that employment claims involving social media use are on the rise and ACAS have published a guide for social media in the workplace which includes practical tips to assist employers.

We thought it might prove helpful to summarise the ACAS guidance into one easily digestible bulletin and desktop guide. So here it is!

Social networking and recruitment

  • ACAS suggests that at least two different recruitment channels are used;
  • Be careful if using social media to screen or vet candidates as you may run the risk of discriminating against candidates;
  • Employees should review their privacy settings.

Social networking and managing performance

  • Ensure you have a social media policy in place dealing with any restrictions on use;
  • Ensure any such policy is regularly updated;
  • Educate employees in relation to the health risks of excessive VDU/IT use and advise that they take regular breaks away from their computer screen;
  • Give clear guidance to employees who work remotely;
  • Use induction periods to establish acceptable standards;
  • Be clear what behaviour will be monitored and what disciplinary sanctions may be triggered.

Social networking and bullying

  • Ensure that any policies dealing with bullying and disciplinary procedures are updated to include guidance on social media;
  • Consider widening policies dealing with bullying to cover cyber bullying outside the workplace;
  • If instances of bullying are reported consider monitoring emails and other electronic activity (to comply with data protection rules employees must be advised they are being monitored).

Social networking and defamation, data protection and privacy

  • Consider developing a social media policy dealing with the use of blogs, tweets and other social media posts;
  • Make it clear that employees may face disciplinary action if they post comments that may damage the organisation's reputation or post confidential information;
  • Decide whether to completely ban the use of social networking sites at work.

Social networking - disciplinary and grievances

  • Set clear guidelines on when employees are seen to be representing the company and what personal views they can express;
  • Include social networking in your disciplinary and grievance policy giving clear examples of what amounts to gross misconduct;
  • Weigh up consequences of employees actions – is there any actual harm to the organisation;
  • Improve conflict resolution skills (for example consider using mediation where issues occur between colleagues).

What should a social media policy cover/who should be involved?

  • Network security;
  • Acceptable behaviour in relation to the use of the internet and emails, smart phones, social networking sites and blogs and tweets;
  • Provide examples of acceptable behaviours and unacceptable behaviours;
  • Definitions as to what is meant by confidentiality and what might be classed as defamation;
  • Consider consulting staff to ensure the policy is relevant for the organisation's needs;
  • Raise awareness of the policy and advise employees where to find it;
  • Consider Human Rights and Data Protection issues when preparing the policy.

The introduction of specific guidance from ACAS would suggest that they are seeing and dealing with a rise of issues and claims involving social media use. This certainly accords with our own experience of advising clients too.

From the guidance and recent case law it is becoming clear that it is essential that employers have a social media and IT policy to cover acceptable behaviour. It is also important that any such policy is regularly updated in order to keep up with the fast pace of ever changing and advancing technologies.

Thomas Eggar LLP is a limited liability partnership registered in England and Wales under registered number OC326278 whose registered office is at The Corn Exchange, Baffin's Lane, Chichester, West Sussex, PO19 1GE (VAT number 991259583). The word 'partner' refers to a member of the LLP, or an employee or consultant with equivalent standing and qualifications. A list of the members of the LLP is displayed at the above address, together with a list of those non-members who are designated as partners. Regulated by the Solicitors Regulation Authority. Lexcel and Investors in People accredited.

Thomas Eggar LLP is not authorised by the Financial Services Authority. However, we are included on the register maintained by the Financial Services Authority so that we can carry on insurance mediation activity which is broadly the advising on, selling and administering of insurance contracts. This part of our business, including arrangements for complaints and redress if something goes wrong, is regulated by the Solicitors Regulation Authority. The register can be accessed via the Financial Services Authority website. We can also provide certain further limited investment services to clients if those services are incidental to the professional services we have been engaged to provide as solicitors.

Thesis Asset Management plc, our associated financial services company, provides a comprehensive range of investment services and advice. Thesis is owned by members of Thomas Eggar LLP but is independent of and separate to it. No lawyer connected with Thomas Eggar LLP provides services through Thesis as a practicing lawyer regulated by the Solicitors Regulation Authority. Thesis is authorised and regulated by the Financial Services Authority. Thesis has its own framework of investor protection and professional indemnity cover but Thesis clients do not enjoy the statutory protection of solicitors' clients.

The contents of this article are intended as guidelines for clients and other readers. It is not a substitute for considered advice on specific issues. Consequently, we cannot accept any responsibility for this information or for any errors or omissions.