Social Media & Employment Law
The contemporary form of communication, social media, is frequently utilised to create commercial relationships. Facebook, Linkedin, and Twitter are used by employees both at work and at home. There are now problems for Employers as a result of the expanding use of these social media platforms. Employers frequently don’t know how to handle these situations when they do. An Internet strategy that addresses social media use should be in place to safeguard your business. We at Complete Clarity Solicitors provide legal rights and obligations advice to both employers and employees.
Employment law advice from Social Media Lawyers, Glasgow
The Employment Tribunal determined that the Employer was responsible for sexual orientation-based harassment in the case of Otomewo v. Carphone Warehouse. Manager of Carphone Warehouse, Mr. Otomewo. His coworkers updated his Facebook profile using his phone “and came out of the closet at last. I am proud to be gay.” The Tribunal acknowledged that even though Mr. Otomewo wasn’t gay, the comment caused him grief. The Employment Tribunal determined that his coworkers’ behavior constituted harassment on the basis of sexual orientation and held Carphone Warehouse accountable because it occurred while they were on the job.
This instance amply illustrates the need for a social media policy so that an employer can prove they took all necessary precautions to prevent this scenario from occurring. Any social media policy must specify in detail what constitutes appropriate behaviour. It will be assumed that an individual’s online behaviour is representative of their offline behaviour. The use of social media won’t have an impact on the result in any way.
What does the Employment law mention about Social Media?
Whose contacts on social media are they? The wording of the employee’s contract determines the answer to this query. Employers should make it clear that any contacts made while an employee is “tweeting” on behalf of the business are the employer’s property. This implies that the Employee will not be able to take these contacts with them when they leave the Company. This ought to be included in the Social Media Policy.
A restricted covenant in the employment contract for the particular employee would be another approach to keep these interactions. In terms of contact ownership, this would offer some protection. For its intended application, this clause would need to be extremely precisely written. Internet regulations need to be updated frequently due to the development of social media.
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