Why a social media policy is necessary to protect you from employee actions

Social media plays a critical role in our lives. It’s a window to the world, showcasing current events and trends, while it’s also a platform for everyday people to share updates, thoughts and opinions. Sometimes that can cause a bit of trouble, especially if it puts your business in the spotlight for all of the wrong reasons.

What happens if an employee’s social media accounts reflect poorly on the business as a whole? Does the business have the right to stand up for itself and for the rest of its employees?

Whatever steps you may take, make sure you have strong workplace policies and that you follow them closely. And if in doubt about what you should do, consult with relevant professionals, organisations or committees. 

Social media problems you could encounter

There are several situations you could encounter with your employees and their social media usage, including:

• Offensive posts that are homophobic, racist, sexist or use slurs of some kind
• Work-related posts that negatively or disparagingly talk about your business, individuals, consumers/clients or services
• Posts that involve bullying, harassment or discrimination against colleagues
• Content showing an individual engaging in an illegal act
• Content with an individual engaging in something that may bring their behaviour into question, but is legal, such as a video of them dancing while drunk
• Private messages that are offensive

If social media content does surface during an employee’s time with your company it can place you in a difficult position. But Thea Watson, Chief International Growth Officer at BrightHR, said there are always options for employers when an employee lands in hot water over their social media.

“In today’s digital age, everything you do online can be traced back to you. This means that anything you post or share, even if they are from years ago, could potentially come back to haunt you,” Ms Watson said.

“Employers have the right to protect their reputation from any negative impact caused by their employees’ actions. This can include social media posts, even those made in the past. However, as with all employment relations issues, employers must always handle incidents fairly and reasonably, or they risk being sued for unfair dismissal.”

Ms Watson added that any incident should be managed on a case-by-case basis, particularly when there is no direct link to the workplace. In those cases, there may not be any room for taking action. That’s why a social media policy can help.

Protect yourself through policy

If an employee posts offensive social media content you want to be protected. You will have greater power if the post itself attacks your company’s reputation, however, other instances of offensive posts may not be so clear-cut, explained Ms Watson.

“If an employee’s social media post violates company policy, employers have the right to exercise due diligence, investigate, and commence disciplinary action where appropriate. Even if there isn’t a written policy in place, employees may still be held accountable for their actions if they post something that is detrimental to the company’s reputation,” she said.

This is especially true if the post reflects badly on the company or suggests that it condones inappropriate behaviour, and the outcome of any disciplinary action will depend on the specific circumstances of the case.”

Important policy focal points include:

• Expectations on social media usage during work hours and on work devices as well as outside of work hours. Employers will typically have more power over behaviours that occur inside the workplace and during work hours, but there may be some scope for disciplinary action outside of work hours.
• Disciplinary actions for the use of social media to bully, harass or discriminate against colleagues, consumers or management, and for employees who cause reputational damage to the employer, share confidential information or impact business relationships.
• Expected behaviours when employees clearly identify as working for your company on social media and those who have no clear connection to the workplace.
• Your responsibility in training and educating employees regarding their social media behaviours.

The right steps to take

In some cases, employers have let themselves down with poor policies and training. Earlier this year an employee was reinstated after being dismissed despite making ‘vulgar’ online posts as the Fair Work Commission determined he was not properly trained in the employer’s social media policy. So it is important you provide ongoing and evolving social media training focused on etiquette, bullying, harassment and confidentiality.

Other examples of employees posting highly offensive content on social media outside of work hours have seen them dismissed due to the fact social media policies were breached and there was a negative impact on employment relationships. 

With strong social media policies in place and a case-by-case approach to incidents, you can minimise the risk of serious harm. This will also give you a leg to stand on when it comes to taking appropriate disciplinary action for serious incidents.

The advice in this article is general in nature. It’s important to consult with relevant professionals to ensure your policies and actions are legal and appropriate.