LEGAL
By Pam Loch, Employment Law Solicitor and Managing Director of Loch Associates Group
THE CAUTIONARY TALE OF SOCIAL MEDIA Since Friends Reunited was launched 22 years ago, the popularity of social media has grown exponentially so that it’s now an integral part of our daily lives. Alongside posting holiday snaps and news about life’s ups and downs, it can help us with everything – from selling houses to finding a local plumber to promoting your business and networking. Whilst it has a vital part to play in keeping people connected with others, social media misuse has also become a recognised source of mental ill health issues and it is increasingly relied on to evidence misconduct at work. So do we need to reconsider the benefits of using social media for work? We know that WhatsApp and other social media platforms can be excellent for engaging with each other and for managing remote teams. With its ease of communication, flattening of hierarchies and acting as a vir tual ‘watercooler’, social media is an ideal hub for people to come together especially when working remotely, to have conversations that may spark new ideas, products or other business improvements. What’s more, the security of the messages is ensured due to the ‘end-to-end’ encryption, which means only the messenger and the recipient/group can see the message. Recent research by Guild has shown that more than 50% of workers use messaging apps for workplace communication and 38% for work-related matters and this is likely to continue to increase. Unfortunately, there is a downside though as an increasing number of our clients are seeking our advice on managing grievances and claims for
30
www.platinummediagroup.co.uk
bullying and harassment which involve inappropriate WhatsApp or other social media messaging. The complaints commonly arise from: n B eing excluded from groups and plans for after work social activities n Gossip or ‘banter’ and inappropriate language being used in messages n I nappropriate pictures or videos being shared. Both new joiners and existing staff are at risk of being excluded from unofficial WhatsApp groups or other social media channels and this could lead to successful claims of unlawful discrimination under the Equality Act 2010 and bullying. Staff are often unaware that they could be personally liable themselves for bullying and harassment claims, as well as being exposed to civil or criminal complaints under the Protection from Harassment Act 1997. What’s also become apparent from our experience is that most people don’t appreciate messages they exchange on social media platforms, could be used as evidence against them later. We often encounter Directors who have set up “the Directors WhatsApp” group, where they exchange ‘open and frank’
Changes in the way we approach social media could be forced upon employers ❜❜
❛❛
work related messages, without being aware that these messages are disclosable in Employment Tribunals. This can lead to some red faces when they have to explain what they meant when they said X,Y and Z about one of their staff. This can be addressed by ensuring all staff understand that even messages which are exchanged on their private devices, and in their own time, can become publicly available in a Tribunal or Court hearing later. It’s critical to ensure that everyone knows that what you put in writing on social media, could come back to haunt you one day.
