Natalie Birrell highlights the implications of employees using social media in the workplace

Many businesses are reaping the rewards of social media. A wide range of social networking platforms are enabling businesses to interact in real time, build their network of contacts, share information and generate leads. But there is a dark side, too.

As claims for discrimination and other issues arising from the misuse of social media start to come before the courts, Oxfordshire employers are being urged to find out more about the dangers and put the appropriate safeguards in place.

Richard White, head of the employment team at Withy King solicitors in Oxford, explained: “Social media is starting to cause difficulties in the workplace — particularly in companies which don’t have clearly-defined policies.

“One of the key risks relates to discrimination. Employers can be held liable for their employees’ behaviour online.

“If an employee harasses a colleague using social media, the employer could be held responsible — even if they were doing it in their own time and using their own equipment.

“The only way employers can try and avoid liability is to demonstrate they have taken all reasonable steps to avoid these types of incidents occurring. For example, introducing appropriate policies clearly setting out the standards of behaviour expected from employees at all times.

“Another thorny area relates to the sharing of confidential information. LinkedIn can be particularly problematic as it actively encourages users to share business contacts. Who owns this data? And what about attempts to ‘poach’ clients after an employee leaves?

“There is currently very little case law, which makes it even more important that employers revisit their employment contracts, impose controls on the use of LinkedIn and clarify the ownership of company-related information.”

Bicester-based Red Engineering Design, which designs low carbon mechanical, electrical and plumbing systems for some of the most sophisticated buildings in the world, takes what it calls “a pragmatic, common-sense approach” to social media.

“There is a fine balance between stifling an individual’s freedom and creativity and encouraging appropriate, professional conduct,” said Carolyn Pegg, business manager at Red.

“We are constantly reviewing our HR policies and practices to ensure we have the necessary safeguards in place. I think one of the biggest issues is employees’ use of social media during the working day. This is costing companies a lot of money, particularly when you look at the impact it can have on productivity.

“This issue can be overcome by introducing appropriate IT controls and by giving employees proper inductions, ensuring they are aware of our policies, particularly when it comes to communication, confidentiality, behavioural appropriateness and data protection.

Ian Whitfield, human resources director at Red, added: “At the end of the day, we treat our employees as the responsible professionals which they are – but with the right checks and fall-backs in place to protect all parties.”

Milton Park-based firm P2i currently uses Twitter, LinkedIn and You Tube to promote its revolutionary technology, which enables an invisible liquid-repellent nano-coating to be applied to almost any product from footwear to consumer electronics.

But P2i admits it has not considered regulating the online behaviour of employees.

“Our workforce is incredibly enthusiastic about working for the company,” explained Karen Gardner, recruitment co-ordinator at P2i, which employs 60 staff.

“We know our employees believe in the technology and are genuinely excited about the prospects for the business. We do not monitor our employees’ use of social media because we trust them to present our company in a positive light.”

P2i is expanding rapidly and Ms Gardner believes the company may reach a stage where it becomes necessary to introduce codes of practice in the future.

It is not just employees whose social media habits can cause problems in the workplace.

Businesses which use social networking sites to ‘vet’ potential candidates and reject them on the basis of their personal interests, sex, age or extra-curricular activities run the risk of being sued for discrimination.

In a recent survey carried out by Microsoft, 41 per cent of UK recruiters surveyed admitted rejecting candidates based on information sourced online.

Carole Yearsley, a human resources consultant at Withy King, said: “While these cases are difficult to prove, it is not unheard of for rejected applicants to bring claims against a prospective employer. Now that interviewers can potentially access all sorts of personal information online, these kinds of claims may well increase.”

The Career Boutique in Oxford, which specialises in executive recruitment, runs regular seminars on topical employment issues.

Managing director Katherine Dales said: “We are all too aware of how issues, such as social media, can impact on a business from an HR and employee perspective.

“Our whole ethos is driven by our desire to add value to our clients and one of the ways we can do this is by keeping them informed.”

o The Career Boutique is hosting a free breakfast seminar entitled Social Media: Business Friend or Foe, at the Malmaison hotel, Oxford Castle, Oxford OX1 1ND, on September 23, from 8.45am.

The guest speaker is employment law specialist Richard White, a partner at Withy King Solicitors in Oxford. To reserve a place, call 01235 854046 or e-mail katherine@thecareerboutique.com