advogroup.co.uk | do’s & do not’s of social media
do’s & do not’s of dismissals & social media and the NHS Test and Scheme
the NHS Test and Trace e, some sectors are required p records of staff, customers sitors for 21 days in line with protocols to ensure the al data is only used for the ed purpose and is securely ed of or deleted after 21 his became mandatory 8 September 2020.
idance states that, with d to data protection, consent equired and the information e shared for health and purposes, unless in respect itive personal data such as dance at religious or political ngs, in which case consent is mended. It should be made why the information is being ed, to those concerned. visit the following link for guidance on this and to your business is required to t this personal data in line DPR: https://www.gov.uk/ nce/maintaining-recordsf-customers-and-visitors-tort-nhs-test-and-trace
and Safety: Covid lace Risk Assessments o recommended that hould be an audit trail ng the communication of easures put in place to make orkplace Covid secure. This rail should also include gnage that is used and the e given to employees and , as well as any disciplinary taken, following a fair nary process and as a last if these measures are not ed.
eel your organisation needs upport then advo hr is here p. In the first instance email us o@advogroup.co.uk to start versation.
BBC director general is set to introduce new social media rules to enable disciplinary sanctions up to and including dismissal for breaches of this policy. The reason for such a hard line is down to the impartial nature of the BBC. To have presenters who are the face of the BBC sharing political views may be seen to bring the impartiality of the BBC into question and therefore potentially cause reputational damage. What does this mean for other employers when dealing with conduct issues relating to social media? Employees are entitled to a private life and to say what they like in a personal capacity. The issue then comes if an employee uses a work social media account in an inappropriate way or says something on their personal social media account that is detrimental to the employer which is likely to bring it into disrepute. Other examples include posting content that could be considered abusive, harassing or discriminatory. There may be instances where an employee has an opinion that is not supported by the employer and if this will cause reputational damage, this may be something to be investigated. If it has been made clear to employees what is and is not acceptable then it would be possible to take disciplinary action if required, following on from a fair and thorough investigation. It is worth keeping in mind that what an employee does in their personal time would generally need to be of a very serious nature and impact the employer negatively in order for there to be a legitimate basis for a fair dismissal. That does not mean
that the other levels of disciplinary sanction cannot be used if deemed necessary. If you do become aware of any of the examples mentioned above or similar, it is vital that evidence is collected in case there may be a need to investigate under the disciplinary policy. Practical steps may include taking a screen shot of the post(s), keeping a record of how many people have viewed the post or may have viewed this by recording the number of “friends” or “followers” the employee has on their profile. Other important factors include any complaints received regarding the posts, any evidence of loss or damage the business has suffered as a result of the posting e.g. losing a client or not winning a tender as a direct result of the social media post. Next steps would be to get the post removed. Simply asking the employee to delete the offending post may be the easiest and most effective way of doing so. Following this, a decision will need to be made as to whether disciplinary action is appropriate. It is recommended that employers have either a social media policy or reference within another policy to the rules relating to what is and what is not acceptable to post on social media. advo hr can provide you with a Social Media policy for insertion into your Staff Handbook. Please do get in touch if you would like our assistance with this.
advocate autumn 2020 | advogroup.co.uk | 21
