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SOCIAL NETWORKING SITES AND THE WORKPLACE

Most employers have email and internet policies in place dealing with their use in the workplace however the rapid expansion of the use of social networking internet sites such as Twitter, Bebo and Facebook have created additional issues for employers. This can have a number of aspects such as proper use of the company brand and “ownership” of company clients as well as misconduct issues around bullying and other unwelcome employee activity.

In general, employers should be explicit that employee activity on social networking sites should not refer to or damage the name or reputation of the work place. The failure by employees to comply with that provision should be stated to result in disciplinary procedures.

Many businesses now use social networking sites as a means of marketing to their customer base. It is important that employers retain ownership of the communications on behalf of their brands so as not to affect the continuity of their relationship with customers when key members of staff leave.

Employers should also be clear as to the "ownership" of the staff profiles and contact with clients on professional networking sites such Linked-In. For key staff, it may be prudent to require that all such activity is directed through the Company marketing department.

Employers are also finding that they have to address inter-employee activity on social networking sites or other websites such as dating sites. These sites can be used by employees to carry out bullying campaigns or forms of cyber stalking. Employees who may be active on certain internet sites (e.g. dating sites or minority interest websites) may find that they are identified by colleagues and subjected to unwelcome comments or other unwelcome activity.

It is important that employers ensure that their Bullying Policies and / or Code of Conduct in relation to Dignity and Respect in the Workplace extend to activities outside of the workplace in relation to contact with other employees. Employers should be clear that activities on internet sites which negatively affect the workplace may be subject to disciplinary proceedings within the workplace.

While employers will have to be judicious about getting involved in inter-employee disputes they should be particularly conscious if the conduct complained of may be related to one of the grounds protected by the Employment Equality Acts.

Whilst employers may argue that their obligations should only relate to work place issues it is almost certainly the case that the employment forums will take a generous view of an employer's obligations to bullied employees in such cases.

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