Social media – is blogging bad for business?

There have been a number of cases brought before the Tribunals by employees dismissed for their postings on sites such as Facebook. However, it is not just inappropriate comments that employers have to be concerned about.

Employers frequently use sites such as Twitter and Facebook for promotional and marketing purposes. However, problems can arise when the account used by the business is habitually operated by one individual who uses, in part, their personal details.

Proceedings brought in the United States by PhoneDog against their former employee, Noah Kravitz, is one such example. PhoneDog used a Twitter account for promotional purposes and Mr Kravitz was primarily responsible for the Tweets. His own name formed part of the account name and when he left PhoneDog, he renamed the account and took their 17,000 followers with him.

PhoneDog claims that the list of followers was a customer database belonging to them and are claiming damages of over $340,000.

The use of Linkedin also resulted in a claim for constructive dismissal by John Flexman, against former employer BG Group. Mr Flexman claims that he was forced to resign as a result of disciplinary proceedings invoked by BG Group which related to his Linkedin profile indicating an interest in “career opportunities” and for allegations that his CV disclosed information that was confidential to BG.

These cases highlight an increasing risk for employers in respect of social media. Employers must set out clearly in a Social Media Policy exactly what is and is not acceptable. Those who use sites such as Twitter also need to take steps to ensure that their followers cannot be taken by an employee with responsibility for the Tweets if they move on. An extension to the definitions of confidential information and carefully drafted post termination covenants will be key to protecting business interests.

For more information about protecting your business from the risks of social media contact Sally Bird