Employee social media abuse

 

Figure 01: Social media abuse

Businesses could face serious legal risks if their employees use social media improperly. These risks include unauthorized disclosure of sensitive information, infringement of third parties' intellectual property rights, and liability for comments made by employees that are discriminatory, abusive, or defamatory.

Businesses run a higher risk of successful claims for unfair dismissal if an employee is let go for using social media improperly if they don't have a clear and thorough social media policy in place. As Darbys, (2013) explain, Businesses also run a higher risk of being held vicariously liable for the unlawful online behavior of their employees.

Therefore, it is essential for businesses to implement a social media strategy that outlines expectations for conduct and the repercussions of any violations.

Social Media's Negative Effects on Employers

• Social media may harm workplace relationships.
• Social networking may reduce workplace participation.
• Social networking might lower employee morale at work.
• Social media can reduce productivity at work.
• On social media, there is a considerable chance of sensitive information being revealed.
• Social networking has increased the liability of employers towards their employees.
• The costs of social networking for your business could go up.
• Social networking can result in systemic shortcomings.
• On office equipment, social media can propagate viruses and dangerous malware.
• Employees with ulterior motives could harm your business on social media.
• Social networking can lead to employees and employers being too familiar with one another.
• Social media can result in pay problems.
• Employees are more vulnerable to job theft because of social media.

(Open sourced workplace, 2022)

Video( Social media fails)

Potential areas of social media-related misconduct include the misuse of company property or resources, the exposure or abuse of confidential information. Social media can also be used to find proof of misbehavior, including theft from, or lying to your employer.

Such infractions should be dealt with through a standard disciplinary process, including a thorough investigation, in accordance with your employer's policy, and in accordance with the ACAS guideline on disciplinary and grievance procedures. Any disciplinary action must be fair and reasonable under all circumstances, considering:

• The social media policy of the employer.
• The employee's position and level of seniority.
• Rules and regulations such those pertaining to bullying and harassment or equal opportunity
• Any potential harm to the reputation of the employer.

Can we fire a worker who abuses social media?

Figure 02: Fire an employee

Whether or not dismissal is appropriate in each situation depends on how serious the offense was. Employers must treat both electronic and non-electronic behavior equally. After accounting for any mitigating circumstances, dismissal may be appropriate if the offense qualifies as gross misconduct. Unless the employee has already received a live last written warning for misconduct, dismissal will rarely be warranted for less serious wrongdoing. Here are some situations where disciplinary action may be necessary: (AIG, 2022)

• The employee utilizes social media at work when the company has explicitly stated that such use is not permissible
• The employee violated an acceptable usage regulation by using social media excessively.
• For a dismissal on this basis to be fair, there must be proof that reputational injury is a serious risk, the content must be accessible to the public, and the company must be easily recognizable. The employee's use of social networking has hurt or is likely to hurt the business's reputation.
• The employee uses work devices to obtain pornographic or illegal content
• The employee makes a false, defamatory, discriminatory, offensive, or derogatory statement about the company or its employees. When comments are made on social networking sites that are critical of the company or a colleague, there is a difference between comments that are seriously damaging to confidence and trust and comments that are merely an employee's poorly timed expression of dissatisfaction. When employees voice their unhappiness in public, businesses are expected to be reasonably resilient.
• The employee divulges private information about the company, its employees, or its clientele.
• The employee publishes content that violates copyright.

 

References

AIG, (2022) Employee social media abuse [Online] Available from https://www.aig.co.uk/content/dam/aig/emea/united-kingdom/documents/Financial-lines/PrivateEdge/epl/mpe-thought-leadership-epl-social-media.pdf    [Accessed on 1^st December 2022]

Open sourced workplace, (2022) Problems with Social Media in the Workplace (Employee and Employer Adverse Effects) [Online] Available from https://opensourcedworkplace.com/news/25-problems-with-social-media-in-the-workplace-employee-and-employer-adverse-effects     [Accessed on 1^st December 2022]

Darbys, (2013) The pitfalls of using social media in the workplace [Online] https://www.icaew.com/-/media/corporate/files/members/business-services/social-media-in-the-workplace.ashx#:~:text=The%20misuse%20of%20work%20equipment,be%20gleaned%20from%20social%20media.&text=Any%20potential%20damage%20to%20the%20employer's%20reputation. Available from [Accessed on 1^st December 2022]