LinkedIn... Linked ouch! - the danger of not having a social media policy

Press Releases

As online networking tools such as LinkedIn become ever more popular employers need to ensure that they are protected through policy and procedure so that their employees use does not backfire on them.

Networking has always been a favoured tool for companies to build relationships and subsequent business opportunities and is a method used in almost all industries. As internet tools have developed, so has the way that we network with businesses encouraging employees to use such tools as Twitter and LinkedIn.

It is not however as simple as building your profile, selling yourself and adding connections though Employment Solicitor Louise Haward of Smith Partnership warns. The use of social networking sites for personal use has been a topic covered in great detail over the last few years with employers facing issues of cyber bullying and inappropriate use in the workplace.

Employers now face a new threat and whilst encouraging employees to network using cyber resources they need to ensure that the business is fully protected.

The advantages are clear- online networking can raise profiles and development business opportunities to a greater audience than attending networking clubs. It can also help to build a strong company profile with employees showing solidarity.

There are however inherent risks to employers and caution must be exercised in order to regulate employees use and monitor it especially with the lines of what is personal and what is business use becoming more difficult to distinguish.

Over Use

It is generally accepted that excessive use of social media sites within the workplace/ working hours could amount to grounds for disciplinary actions. This has resulted in policies being adopted by companies setting out clear expectations regarding use of IT systems for this purpose. The use of cyber networking sites are unlikely to have been included within those policies and employers will need to weigh up the risks of employees spending excessive time on such sites against the potential benefits of new business. The only realistic way of ensuring employees do not spend excessive time on networking sites is to update IT policies to regulate use.

Employer liability for an employee’s activity on LinkedIn

LinkedIn encourages users to add information about their work duties and employer, to engage in forums and discussions. Employers need to be aware that the content of statements, questions, answers or status updates made by an employee on LinkedIn may give rise to liability against the employer under the principle of vicarious liability.

The main risks to employers could be in the form of defamation/ libel actions or breach of confidentiality, but inappropriate use could also result in issues of discrimination, harassment, breach of copyright and breach of contract.

Part of any policy regarding use of LinkedIn or other equivalent sites should specify that employees holding themselves out as connected to a company do not use the medium in such a way that confidential information is disclosed, is illegal, immoral or brings the company into disrepute or results in any adverse publicity.

Having clearly defined rules relating to conduct of employees whilst using such online resources will limit the risks of liability to an employer.

Use of “connections”

LinkedIn is designed for users to build “connections” and allows a user to upload his or her e-mail contacts and invite them to join their network. This would usually result in a paper trail for employers to track what their employees have being using the site for and who they are connected to. There is however the ability to change settings whereby connections are hidden from other users and instead all that can be seen is a total number of connections that user has.

This can create problems for employers attempting to protect their business links especially when faced with dismissal or resignation of an employee. The control of such data and the use of such date, especially post termination again should be clearly set out in company policy and in appropriate cases tailor-made restrictive covenants, return of company property and confidential information clauses within contracts should be amended to reflect this emerging area. Contact lists purely used for business purposes by an employee in the course of their employment could give rise to rights under the Copyright and Rights in Databases Regulations.

In conclusion Louise recommends that all employers who encourage or require employees to use social media/ online business networking facilities for the purposes of marketing or recruiting, clear guidelines should be in place to ensure that the company is protected as far as possible.