Last week a teenager from Essex was sacked from her job for writing on her Facebook profile that her new job was “dull”. The former employee claims that she made the comments on a personal site and had not intended for her employer to see them. So where do you draw the line between distinguishing what is private and what is related to work?
Lauren Harkin, solicitor in the Employment Law team at Lemon&Co Solicitors, comments: “Many employees might presume that what they write on personal websites, such as Facebook and Twitter, are private comments. However, these sites can be accessed by anyone – including employers, and the comments may have a harmful effect on both the public perception of the business and the morale of staff.”
Many employers choose to monitor staff at work to ensure that they are not misusing company time. For example, employers may want to check whether their employees are browsing the web, ordering their shopping or updating their Facebook profile during working hours.
Here are some top tips for employers that are concerned about employees who might be using personal websites to talk about the company:
Monitoring employees at work is generally lawful on the proviso that you have a policy in place, the monitoring can be justified, and employees are alerted that their internet usage, telephone calls and emails could be monitored
Consider the real benefits of monitoring your staff – will it make a real difference to the productivity and profitability of the business or just have an adverse effect on your working relationships? Remember, it is often easier to prohibit access to sites such as Facebook, instead of monitoring your employees’ use of such sites
Make it clear to staff that you will not tolerate individuals misusing company time. For example, if personal internet use is prohibited during working hours, set this out in a company handbook and make it clear that employees will be disciplined if they fail to follow this rule
Lauren Harkin concludes: “Employers need to be aware that intrusive monitoring could lead to a claim against an employer for unfair dismissal, constructive unfair dismissal, breach of contract or even harassment. Employers should always seek legal advice before taking steps to implement monitoring.”
Lemon&Co’s reputed Employment team is experienced in these matters and able to offer help and advice. For further information simply contact Lauren or one of the team on 01793 527141 or visit the firm’s offices at 34 Regent Circus, Swindon. You can also visit Lemon&Co’s website: www.lemon-co.co.uk
