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‘ Do’s and Don'ts of Social Media’ Jean-Pierre van Zyl

‘ Do’s and Don'ts of Social Media’ Jean-Pierre van Zyl. Social attitudes 2010 My Job Group survey 33 provided negative comments on workplace Within that group 19% criticised boss or owner 13% criticised peers Recent example from HMV

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‘ Do’s and Don'ts of Social Media’ Jean-Pierre van Zyl

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  1. ‘Do’s and Don'ts of Social Media’ Jean-Pierre van Zyl

  2. Social attitudes • 2010 My Job Group survey • 33 provided negative comments on workplace • Within that group 19% criticised boss or owner • 13% criticised peers • Recent example from HMV @hmvtweets “We're tweeting live from HR where we're all being fired! Exciting!!” #hmvXFactorFiring

  3. Social Media – issues for employers • Social media screening for hiring decisions – potential for discrimination • Loss of productivity during working hours • Inappropriate conduct of employees: • Cyber-bullying/harassment/discrimination • Derogatory comments about employer • Confidential information • Business protection - ownership of data created in the course of employment

  4. Misconduct and dismissal • Work-related misconduct – employer may legitimately take action • Misconduct outside of workplace : • Not obliged to disregard • Vicarious liability for employee actions • Impact on the employer’s reputation • Does the conduct contravene a relevant policy?

  5. Employment Tribunal Decisions • Grant and Ross v Mitie Property Services UK Limited (2009 unreported case) • Two sisters dismissed for excessive use of social media at work, including Facebook • IT policy permitted use ‘outside core working hours’ • Held to be unfair dismissals as not clear what ‘outside core working hours’ meant

  6. Employment Tribunal Decisions • Taylor and Somerfield Stores (2007 unreported case): • Video of two employees hitting each other with plastic bags in a store-room uploaded to YouTube by employee • Employee dismissed • Only 8 hits on YouTube and could not be said to bring the company into disrepute • Dismissal was unfair

  7. Employment Tribunal Decisions • Teggart v TeleTECH UK LIMITED (case no 704/11): • Offensive remark about employee’s promiscuity posted on Facebook • Employer’s decision that conduct amounted to harassment • Employee responsible dismissed • Dismissal held to be fair – employee was in breach of anti-harassment policy

  8. Steps to Minimise Risk • Social Media Policy – why? • Define rules • Conduct outside of work • References to employers and colleagues • Communicate and train on the policy

  9. ‘Expect the Unexpected’ Robin Winskell

  10. Three Guiding Principles • Do you pursue legal challenges? • Speed is king • Expect the unexpected

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