What can employers learn from the Gary Lineker and BBC social media fallout?

Lauren Ogden, Associate

Gary Lineker’s recent departure from the BBC due to a social media post highlights some important lessons for employer’s when it comes to handling social media in the workplace. Here we discuss some important do’s and don’ts for employers:

Do:

1. Have a social media policy – it is important to make it clear to employees what is expected of them when it comes to using social media both for business and personal use. This should make clear to employees what they can and cannot do or say on social media in order to protect the business reputation. The policy should be tailored to the business and not just a generic template. For example, the BBC have strict impartiality rules which require higher standards of their employees and contractors.
2. Keep the social media policy up to date – it is all well and good having a policy in place but if it is not regularly reviewed and updated, it becomes useless. Social media is constantly changing and your policy should be updated to reflect that.
3. Consider whether you allow the use of social media on company devices – preventing the use of social media on a work device allows the company more control of the systems and may prevent employees using social media during working hours. However, most people will have access to their social media accounts on their personal mobile phones therefore blocking it from company devices might not have the desired outcome.
4. Train your staff – don’t just implement a policy and file it away on an online portal somewhere employees won’t read it, make sure employees are trained on the contents of the policy and what is expected of them.
5. Make it clear to employees that could face disciplinary action for a post on their personal social media – this should be set out clearly in the policy and training mentioned above but it is an important point that is worth reiterating. Employees should be encouraged to think twice before posting something online where a connection could be made with their workplace.

Don’t

• Make hasty decisions about an employee’s social media post – make sure you review the post carefully, consider it in the context it was posted, who saw it and the intention of the post. Not every social media post an employer disagrees with would give rise to grounds for dismissal.
• Don’t ignore your other policies and procedures – if an employee posts something on social media that could amount to misconduct or gross misconduct, you still need to follow a fair disciplinary process in line with your disciplinary policy. Consider whether the post breaches any other policies such as your anti-harassment policy or data protection policy.
• Ignore complaints from employees about a colleague’s personal social media posts – It is becoming increasingly common that colleagues at work will be “friends” on their personal social media accounts. This can lead to disputes that get dragged into the workplace if one employee posts something that offends another. It might be tempting as an employer to say that it is not connected to the workplace and can be ignored but this is not always the case. A thorough investigation should be conducted to understand the context of the post and any duties the employer has to the employee’s. This is a tricky area, particularly when there is a clash of opinions relating to protected characteristics and so employers should take advice to ensure these matters are handled correctly.
• Assume that everyone has the same attitude to social media – Not every employee will use social media or even use it in the same way. It is important that your policies and procedures are clear for everyone, regardless of how much they use social media. For example, employees might not use social media platforms such as Facebook and Instagram but they have a LinkedIn account to share professional updates. Some employees will have grown up using social media whereas others will be learning how it works for the fist time.

Social media is having an impact in the workplace more than ever and we are seeing a rise in employment tribunal claims considering issues relating to social media. Following these do’s and don’ts should reduce the risk of an employer finding themselves in a dispute relating to social media. If you need a social media policy or have any questions, please contact Lauren Ogden.