There has been a lot of media attention concerning Gary Lineker being suspended by the BBC for tweets he posted that compared the Government’s proposed Migration Bill with 1930s Germany.
The suspension led to many BBC pundits, commentators and presenters refusing to work for the broadcaster in a show of solidarity for the former England and Leicester striker. This resulted in a disrupted service to the weekend’s football coverage with the BBC having to remove Football Focus, Fighting Talk and Final Score from its schedule. Match of the Day and Match of the Day 2 were both replaced with shortened highlight reels with no commentary or studio punditry.
On Monday morning, the BBC announced that they had come to an agreement with Gary Lineker which will see him return to presenting this week. In a statement, the BBC’s Director General, Tim Davie, announced that the broadcaster will also be launching an independent review of its social media guidelines, with a particular focus on freelancers outside news and current affairs, as is the case with Gary Lineker. The review will be led by an independent expert who will be reporting to the BBC.
Whilst Gary Lineker’s views and comments were made outside of work (e.g., they were made via his personal Twitter profile and not on the BBC), instances such as this, where individuals are posting their own views on social media, highlight the significance of employers having in place effective social media policies and procedures for their employees and business.
Why does my business need a social media policy?
If managed appropriately, social media can be a great marketing tool for a business, promoting its expertise and reputation in conjunction with its employees. However, if not managed appropriately, it can cause internal (and possibly external) communication issues between line managers and employees. It could also potentially put off prospective candidates.
Having a well-drafted workplace social media policy in place can help protect a business’ public perception and provides clarification to employees as to what is (and what is not) expected of them when using social media.
What should be included in a social media policy?
When drafting a policy, an employer should take into consideration the conduct it expects of its employees in office/offline situations and then apply this to online use. It should specify what a business deems to be acceptable and unacceptable when using social media in the workplace with a clear distinction between business and personal use.
It should also enable employees to feel protected against being bullied online and make clear to staff the importance of promoting the business’s best interests and protecting its reputation.
A good workplace social media policy will also have regard to the following legislation to ensure legal compliance on the part of the employer:
- The Human Rights Act 1998 (Article 8) – outlines a ‘right to respect for private and family life, home and correspondence’.
- The Data Protection Act 2018 – references how information should be collected and processed by an employer for employees and job applicants.
- The Regulation of Investigatory Powers Act 2000 – provides guidance on the extent to which a business can use covert surveillance.
What disciplinary action could be taken if a social media policy is breached?
Within the policy, it is essential to outline the investigatory and disciplinary procedures if the policy is breached in any way, whether that is suspected to have taken place on the employees’ private or work social media.
The business must then ensure that any outcome from any investigation and disciplinary process is well-documented, providing clear reasons for the decision. Instances of serious misconduct (particularly where contrary to established internal policy) may result in dismissal.
How to use social media responsibly during the recruitment process
With regards to recruitment and job applications, employers should:
- Use social media tools in background checks with caution and only after initial interviews have taken place.
- Prohibit employees involved in recruitment from adding an applicant as a “friend” or otherwise connecting with an applicant via social media to investigate their background, to minimise the risk of data protection breaches.
- Verify information obtained through these channels before relying on it.
Employers should consider what they will gain from an internet search and limit their investigation to what is required to achieve that aim.
Furthermore, any decision taken about whether someone should be appointed to a role based on their out-of-work social media profile should not discriminate against them on the grounds of any protected characteristic.
Other considerations:
- Employers should consider including within the policy the need for employees to have a disclaimer on their social media profiles, such as:
- The opinions shared on this account are my own and not the views of my employer.
- Whilst it might seem obvious to most, ensure that employees know that they must not share any confidential or sensitive material relating to the business (e.g., company or client details) when they send out posts.
How Nelsons can help
Laura Kearsley is a Partner in our Employment Law team.
If you feel your internal systems/social media policy requires updating, then we can review this for you to ensure it is still fit for purpose and best protects your business. If you do not yet have a social media policy in place, we can assist with implementing one.
For further information, please contact Laura or another member of the team in Derby, Leicester, and Nottingham on 0800 024 1976 via our online form.
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