Can I stop my employees using social networking sites at work?
Yes you can. You can prevent employees from using business equipment for personal use. You can allow access to certain websites that are work related, if you want to, or allow employees wider access outside of working hours and during their lunch break. You can also restrict what employees do with mobile phones and laptops and any other equipment you issue.
Do remember that in some industries use of professional networking sites is accepted and encouraged, so make sure you clearly define what is and isn't acceptable.
Do I need an internet and email use policy?
Yes you do. If you have a policy you can make clear what is and isn't tolerated and what the consequences are if there is a breach of the policy. If you apply such a policy and the employee doesn't follow it, you can take action and, if necessary, discipline the individual in question. Make sure that your policy is clear about which websites are not acceptable (such as pornography) and that harassment will not be tolerated.
Outline exactly when employees can use the internet for non-work related purposes (and say what you mean by this). If you have to discipline an employee, ensure you also follow your disciplinary policy and take into account the Acas code of practice on disciplinary procedures).If you have a policy, it makes things clear and easy for everyone to understand and follow.
What can I do if an employee posts on a blog something about my business that I don't like?
It depends whether they are merely expressing an opinion that you don't like or if they are making untrue statements or defamatory comments. If the employee is purely making a statement that is not harmful to the business, it may not amount to something that you can take disciplinary action over. If, however, the comments undermine trust and confidence or bring the business into disrepute, then you should treat it as a disciplinary matter - follow your disciplinary policy and the Acas code of practice on disciplinary procedures.
What can I do if an employee is breaching confidentiality on their blog?
You can obtain an injunction to remove the material and obtain damages if the breach by the employee has caused you loss. Subject to following your disciplinary policy and the Acas code of practice on disciplinary procedures, such a serious matter could lead to the dismissal of the employee. This equally applies to any breach of confidentiality by an employee, whether the infringement is by email, mobile phone or even by snail-mail!
Can I check out potential candidates on social networking sites sites?
It is not considered good practice to do so. You can determine your own selection criteria; however, it is very important that you don't discriminate during the process and that there is no perception of discrimination. For example, younger people may post personal information (and have information posted about them) on networking sites which they perceive as private rather than professional channels.
If you misinterpret what and why they make those posts and don't hire them, you could be inadvertently adopting a practice that is discriminatory on the grounds of age. In addition, viewing a social networking site could also undermine any equal opportunities monitoring during the selection process. All in all, there are many reasons not to look-up profiles as part of the recruitment process.
Published - July 2009
This article is provided for general information only. Please do not make any decision on the basis of this article alone without taking specific advice from us. stevensdrake will only be responsible for the advice we give which is specific to you.