Facebook popularity sparks ‘cybervetting’ fears

By Simon Rice-Birchall
Partner, Human Resources Group, Eversheds Leeds.

Telephone: 0845 498 4978

Email: simonricebirchall@eversheds.com

Facebook boasts over 70 million active users. Whilst some employers are concerned about the exposure and risks arising from their employees’ use of the sites, others are recognizing the benefits of social networking sites such as MySpace, Facebook and Bebo as a new way of vetting prospective and existing employees, or “cybervetting” as it is now known.

Despite the convenience of cybervetting, companies should be careful to consider if the information found is relevant to whether the candidate or employee is able to perform the job. Personal information should not be considered unless it is relevant to the role and particular care should be taken with information such as sexual orientation, relationship status, dates of birth and political views.

The risks in relation to cybervetting are as yet largely untested in the courts or tribunals but employers could find themselves defending claims for discrimination on the grounds of age, sex, disability, race, religious belief, or sexual orientation if action is taken on the grounds of certain information obtained from networking sites, or claims of unfair dismissal if employees are dismissed for the content of these sites.

Employers should also be alive to the fact that is not always possible to control comments or photos placed by other individuals, often friends, on an individual’s profile. Employers should therefore always consider the possibility that the information was not placed by the individual.

Inappropriate use

So what can employers do with the information that they have found by using these sites? There will be an argument that the information found on Facebook relates to employees’ private lives and should not be used by an employer.

If the information found has some link to the workplace, this could be raised as a concern for the employer, however, employers are advised to have a policy in place to deal with these instances. A policy should set out what is acceptable use of email and the internet (which most employers should have already) and now extend to use of social networking sites, both at work and outside of working hours.

A good policy should:

• Warn staff to exercise caution about what information they have posted online;
• Provide clear guidance for employees about the kind of information that they can and cannot post online;
• Make it clear what employees can expect to be sanctioned for;
• State that any inappropriate use of the internet outside the workplace could also result in disciplinary action in accordance with the Company’s disciplinary policy if, for example, the employee breaches confidentiality, makes any discriminatory or defamatory remarks or brings the Company’s reputation into disrepute; and
• Warn employees if their use of the internet (including social networking sites) is being monitored.

Employers should ensure that any new or revised policy is effectively communicated to all employees, using staff training if necessary, and that all employees sign an acknowledgment to indicate that they have read and understood the Company’s policy.

For more information email: simonricebirchall@eversheds.com