Social media presents great opportunities for businesses of all sizes. Business benefits include:

• communicating with employees, partners, and stakeholders
• promoting your business and products/services
• building brand awareness
• discovering what people think of your business and what they are saying about it
• personally interacting with existing customers and attracting new ones

Read more about social media business opportunities and challenges.

Social media channels

There are many social media platforms that your business can avail of, including Facebook, X, Instagram, Threads, YouTube, and LinkedIn.

It's important to consider whether social media is right for your business and, if so, which social media channels would best suit your business.

Read more on social media best practice for business.

Legislation relevant to social media

As an employer, you should be aware of the broad range of legislation relating to social media in the workplace.

This legislation includes:

• The Computer Misuse Act 1990
• The Human Rights Act 1998
• The Data Protection Act 2018
• General Data Protection Regulation
• The Malicious Communications (Northern Ireland) Order 1988
• The Protection from Harassment (Northern Ireland) Order 1997
• Regulation of Investigatory Powers Act 2000
• The Telecommunications (Lawful Business Practice) (Interception of Communications) Regulations 2000
• Electronic Communications Act 2000
• Communications Act 2003
• The Employment Rights (Northern Ireland) Order 1996 (Unfair Dismissal)
• Equality and anti-discrimination laws

To find out more about the legislation that has an impact on social media, read the Labour Relations Agency (LRA) guidance on social media and the employment relationship.

Social media is changing the way people interact, and there are many ways that it is changing the nature of the relationship between employers and employees.

Advertise jobs and recruit through social media

Many employers use social media to advertise and recruit new employees, for example, posting job vacancies on X or LinkedIn. You could achieve huge savings by doing this, as these channels are free. There is also the potential to reach recruits more quickly, as social networking sites have huge audiences.

Recruitment using social media exclusively

Recruiting or assessing potential recruits using social media exclusively can exclude people who do not have access to social media. Therefore, always use other methods for advertising if using social media for the placement of vacancies.

You should consider all of the recruitment methods available to you. See where and how to advertise your job.

Using social media for screening during recruitment

Employees are often unaware that their social networking pages are being used by employers as part of a screening process before making job offers. They may be looking for evidence of what they consider 'inappropriate' behaviour or language.

Laws protecting people from discrimination on the grounds of age, sex, disability, race, marriage/civil partnership, religion and belief, and sexual orientation start at the recruitment stage.

You could face claims to an industrial tribunal if you refuse to interview someone as a result of a judgement made based on a social networking profile. As a result, the Labour Relations Agency (LRA) would not recommend the screening of social networking pages for recruitment purposes. Additionally, using information from a social networking site, without the person's knowledge or consent, could be challenged under human rights and data protection legislation.

You might wish to get a legal opinion on whether this could be challenged if the person had been made aware by the potential employer that social media may be used by them for the purposes of verifying information, etc. You should seek advice from the Information Commissioner's Office (ICO) before you begin using social media to screen candidates as part of the recruitment process. Contact the ICO's advice service for small organisations.

In some organisations, the use of social media could result in employees spending too much time away from core work duties, which could badly affect productivity.

Outline appropriate social media use in your workplace policy

Employers should have a clear workplace social media policy about personal use of work devices so employees are clear about what they are allowed to do and not allowed to do. See develop a social media policy.

The use of social media often blurs the distinction between work and home life, because it is easily accessible at home and while travelling. This has led to some employers putting more emphasis on managing the tasks an employee performs rather than managing the time they work.

Social media also allows employees to work remotely, which offers unique challenges for performance management. Employees using tweets, internal message boards, and professional networking sites to keep in touch can lead to improved frequency of communication between line management and staff. However, face-to-face communication is often more appropriate when dealing with work issues. It can also be difficult for line managers to accurately assess employees' performance if communication happens more online than in person.

Social media: employee health and safety

You also need to be aware of health and safety issues. For example, employees may use personal social networking as a way of switching off from work rather than having regulated breaks away from IT equipment.

The use of social media can also become addictive to varying degrees, from constantly checking work emails to deeper personal problems, such as online gambling. Where there is a serious problem, employees may need to be encouraged to seek specialist help.

Read more on managing staff performance.

Careless use of social media by individual employees can have a negative effect on the organisation as a whole. As an employer, you should be aware of and look out for the different issues that could arise.

Negative staff comments on social media

An employee posting negative comments on social media about other employees, their employer, or customers could have a potentially devastating effect on an organisation.

Some examples of negative comments include personal opinions about the organisation, another employee, or a customer.

Bringing the organisation into disrepute on social media

A much wider audience will be privy to any inappropriate conduct that occurs online. For example, a video uploaded to YouTube could have thousands of views within a short time.

Your response to such inappropriate conduct will be dependent on the extent it can be linked to your business and to what extent it could or potentially could damage your reputation or business.

When deciding whether statements made on social media are defamatory, you should focus on and establish how a typical reader of social media postings would interpret them. When deciding how a social media post would be interpreted, you should keep in mind how such posts were made and read. Consider how people view social media content by scrolling quickly, rarely pausing to reflect or ponder the meaning of some statements. In short, as an employer, you should bear context in mind and not overreact to social media content. However, common sense is necessary here, and if you feel an issue is serious enough to take action, you should seek legal advice immediately.

Bullying and harassment on social media

You also need to be aware of the potential for social media to be used for cyberbullying and harassment purposes.

Bullying and harassment can be defined as 'unwanted conduct which has the purpose or effect of violating an individual's dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment'.

Online bullying and harassment can include:

• social exclusion - limiting interaction to cliques/groups
• posting offensive or threatening comments
• posting photographs or videos

Online bullying may breach your bullying/harassment policy and should be treated in the same way as if it had occurred in the workplace. If the harassment is related to a particular characteristic of the individual, eg, race, gender, age, disability, etc, it is prohibited under anti-discrimination legislation.

Read more on bullying and harassment.

Breach of confidentiality on social media

The duty to preserve confidentiality is part of the duty of fidelity, which all employees owe to their employer. You may also have confidentiality clauses that set out clear rules about the use of company/employee information.

Unauthorised disclosure of company information via social media sites could include details relating to:

• profit/loss accounts
• potential redundancies
• employee personal information
• client details
• details of grievances/internal complaints
• trade secrets

Another issue that may arise is employee behaviour online that is incompatible with their job role. For examples of employment case law on this issue and each of the other areas, read the Labour Relations Agency (LRA) guidance on social media and the employment relationship.

Employees sometimes use social media to air their grievances, for example, an employee complaining about how they are being treated by their line manager at work. You should always make clear to your employees that the appropriate medium for raising a grievance is via the company grievance procedure, and not social media sites.

You may have difficulty knowing how to apply company disciplinary rules to social media activity. For example, what online behaviour constitutes 'gross misconduct'? Many employers have clear rules on defamation and breaches of confidentiality, but are often less sure about whether they should be making judgments about an employee's behaviour online.

Social media can also be an excuse for avoiding face-to-face conversations. Many of the issues that lead to disciplinary and grievance problems at work can often be dealt with by having an informal discussion with an employee. However, this can prove difficult if line managers have become over-reliant on communicating electronically.

What steps should employers take with social media?

Set clear social media guidelines

Make it clear when employees are seen to be representing the company and what personal views they can express - for example, some employees are forbidden from expressing any political views. Also, be clear about how you expect employees to help protect the company or brand. See develop a social media policy.

Include social networking in your discipline and grievance policy

Provide clear examples of what will be regarded as gross misconduct - for example, posting derogatory or offensive comments online about the company or a work colleague, which amounts to harassment. See handling grievances and grievance and disciplinary procedures, and templates.

Update bullying policies to include guidance on the use of social media

An example of bullying through social media could be an employee being deliberately ostracised at work because they did not accept an invitation to become someone's friend on a social networking site. Read more on bullying and harassment.

Use direct forms of communication

Many of the causes of conflict at work can be resolved by face-to-face interaction. See managing conflict.

You should treat improper use of social media as you would any other type of alleged misconduct.

This would involve an investigation and consideration of suspension or other precautionary action, followed by disciplinary action if appropriate.

Read the Labour Relations Agency (LRA) advice on social media and the employment relationship.

Investigation into improper social media use

In certain cases, for example, in cases involving alleged gross misconduct, consideration should be given to a brief period of suspension with full pay while an unhindered investigation into improper social media use is conducted.

You should also consider alternative actions which would be more acceptable to the employee yet serve the same purpose as a suspension, eg, agreeing on a temporary transfer to other duties without loss of pay.

Any action taken, including suspension on full pay, should be reviewed frequently to ensure it is not delayed unnecessarily. It should be made clear that any action taken is neither considered disciplinary action nor an indication of blame or guilt.

It is essential to have as much objectivity as possible, so a different person should carry out the investigation that will carry out the disciplinary action, perhaps another manager or an external consultant.

The investigation may involve taking witness statements, referring to other workplace policies and procedures, and compiling a report on the findings.

You should be mindful that the investigation should be conducted promptly to adhere to the organisation's timescales, but also to gather evidence while the incident is fresh.

The employer should then determine, on the basis of the investigation, whether it is necessary or appropriate to carry out any formal (or informal) action.

Further information on carrying out investigations can be found in the LRA advisory guide on advice on conducting employment investigations.

After the investigation and disciplinary action to be taken

The employer can then decide the necessary action to take as follows:

• No case to answer, so no further action is required.
• Informal action is used to try and nip problems in the bud.
• Formal action, ie, warnings, is taken when informal action has not brought about the improvement needed or a more serious offence has been committed where informal action is not appropriate.
• For a gross misconduct offence, you could go straight to the dismissal stage, or if the procedure permits, use an action short of dismissal as an alternative penalty. This may include demotion or suspension without pay if allowed in the contract of employment.

Improper social media use: disciplinary action

When taking formal disciplinary action, you should comply with the statutory dismissal/disciplinary procedure as set out in the LRA Code of Practice on Disciplinary Procedures.

This involves three steps:

Step 1: Statement of grounds for action and invitation to meeting

The employer must provide the employee with a written statement of the alleged misconduct which has led to the consideration of formal disciplinary action or dismissal. The employer should invite the employee to a hearing to discuss the issue and make them aware of their statutory right of accompaniment at formal disciplinary meetings.

Step 2: Disciplinary hearing

Prior to the hearing, the employer should supply any information relevant to the allegation, allowing the employee sufficient time to consider the details and prepare their defence. The employee must take all reasonable steps to attend the meeting. After the meeting, the employer should inform the employee of the decision and offer the right to appeal.

Step 3: Disciplinary appeal

If the employee wishes to appeal, he or she will inform the employer. The employer will invite the employee to a further hearing to discuss the appeal. The employee must take all reasonable steps to attend the meeting. The final decision will be communicated to the employee.

The employee's statutory right to be accompanied means they can be accompanied by a colleague or union representative at any formal disciplinary meeting.

Read more on disciplinary procedures, hearings and appeals.

You can also read further LRA advice on handling discipline and grievances at work.

There are ways that you can effectively manage your employees' use of social media so that you can reap the benefits without negative issues arising.

Benefits of establishing a social media policy

By creating a social media policy, your employees are aware of the company's boundaries and expectations. A social media policy also makes it clear to employees what is expected from their online behaviour.

It also helps employees draw a line between their private and professional lives.

A social media policy also helps to protect your organisation against liability for the actions of your employees and ensures you comply with the law on discrimination, data protection, and protecting the health of employees.

A written policy on the acceptable use of social media at work can also help line managers manage staff performance effectively, help you to be clear about sensitive issues like monitoring, and explain how disciplinary rules and sanctions will be applied.

Preparing to develop a social media policy

Before you develop and introduce a social media policy for your workplace, you should consult with your workforce and representatives. This can help ensure fairness, and staff will more likely buy into and adhere to a policy that has been developed with their contribution. See engaging with staff.

What should my social media policy include?

A social media policy should include:

Definition and purpose of social media policy

Outline what the policy is about and who it applies to, including those using work-related social media and those who access it in a personal capacity.

Why use social media

Describe the benefits to the organisation, eg, more effective engagement with customers, promoting products, and marketing purposes.

Roles and responsibilities

Identify who in your organisation will oversee social media activity and take overall responsibility for the day-to-day administration of the different activities. See social media best practice for business.

Using work-related social media

What the limitations are as to what can be discussed, commented on, or promoted via social media to avoid potential problems or reputational damage.

Personal use of social media

Description of what is seen as acceptable personal use of social media during work.

Personal use of social media outside work

Highlighting that your employees need to be mindful of their contributions and what they disclose about your company, even when they're at home, using their own equipment, in their own time.

General rules for using social media

Including examples of inappropriate content and terms of use.

Monitoring use of social media

You must ensure that any monitoring is carried out in compliance with relevant legislation. See monitoring employees' social media usage.

References to other relevant policies

For example, a disciplinary procedure or an anti-bullying policy. Read more on bullying and harassment.

Sanctions

Where it is believed that an employee has failed to comply with the policy, they will face the company's disciplinary procedure. Read more on disciplinary procedures, hearings, and appeals.

Ongoing review and update

Provide details of who will be responsible for reviewing the policy and when this will be done.

Social media policy template

To help you create your own social media policy for your business, download our social media policy template (DOC, 20K).

To read more on developing a social media policy, read the Labour Relations Agency's guidance on social media and the employment relationship.

Include social media in other staff policies

You may find that some of your existing workplace policies should also be updated to include a reference to your social media policy. These may include:

Statement of main terms and conditions

If you are a small business and have a limited number of policies and procedures, you may decide to include a section on social media usage within this policy.

Discipline and grievance

You may want to include a section here on how you will deal with improper use of social media. See managing improper use of social media. It should also be made possible for employees to complain about inappropriate use, eg, cyberbullying and harassment.

Communication

If you have a general communication policy, you should include a section on how social media will be used for communication purposes.

Electronic communications

You may wish to include a section on using social media in respect of internet and mobile phone usage, eg, what is deemed to be appropriate social media use within working hours.

Bullying and harassment

Online bullying could breach this policy, so you should also include a social media section here.

Recruitment and selection

Employers should be careful about being influenced in relation to the recruitment of employees by information on social media sites.

Read more on how to set up employment policies for your business.

Continued employee awareness

Once you have your social media policy in place, you must ensure your employees are aware of it and continue to keep it in mind. You should provide training on your social media policy to instil better awareness and understanding amongst your staff as to what is expected of them when using social media. Refresher training, eg, every 24 months, can also be beneficial as a reminder to staff of the policy and can offer an opportunity to highlight any new updates to the social media policy, especially given that social media is an area that is constantly changing.

You should make new staff aware of all workplace policies during the induction process and remind all staff to adhere to company policies regularly.

Many employers may fail in defending claims of unfair dismissal cases related to inappropriate use of social media for failing to either provide clear guidelines on the use or not having consistent policies for managing issues when they arise.

Monitoring must be undertaken appropriately and in accordance with relevant legislation, for example, the Data Protection Act 2018, Human Rights Act 1998, and the Regulation of Investigatory Powers Act 2000. Find more guidance on data protection and legal issues.

You must be able to justify monitoring staff at work. Employees have rights at work, and if you do not treat them fairly, they could take you to an employment tribunal or complain to the Information Commissioner's Office.

You must make staff aware that they are being monitored, and the reasons why, eg, by sending an email detailing that social media used by staff in the workplace will be monitored for inappropriate content.

You can monitor staff without their knowledge if you suspect them of breaking the law, and letting them know about it would make it hard to detect the crime. You should only do this as part of a specific investigation and cease the monitoring when the investigation has ended.

Read more about monitoring staff at work. You should contact the Information Commissioner's Office for advice before you begin to monitor staff.

Covert surveillance

An employer should only use covert surveillance at work to investigate serious suspected misconduct, such as theft or fraud. The human right to respect private and family life is engaged by covert surveillance unless it takes place in a public space where there is no reasonable expectation of privacy. The human right to privacy is unlikely to be infringed if:

• the employer has a serious and legitimate purpose, usually to investigate suspected fraud or theft
• staff have been warned in advance that covert surveillance is a possibility, for example, using signage, posters, or a written policy, and the purpose of that surveillance has been explained
• policies have been drawn up in consultation with staff and with the union if recognised
• the employer only uses the results for the stated purpose and not any other purpose, for example, if a hidden camera is used to detect theft or fraud but instead reveals poor performance or misconduct, the results of the covert surveillance should not be used in a disciplinary action over these minor issues
• the results are kept confidential, secure, and are not shared inappropriately
• the monitoring is time-limited
• its use is reactive, ie, a short-term response to legitimate suspicions of grave and serious misconduct such as theft, as opposed to being permanently installed, waiting to catch people out
• alternatives have been considered

Control social media usage through network security

There are ways to help control the usage of social media sites and, if needed, restrict or block access to certain sites.

These include using firewalls, web security tools, and ensuring you have antivirus software to detect and prevent viruses.

Read more on how to protect your business online.

Social media presents great opportunities for businesses of all sizes. Business benefits include:

• communicating with employees, partners, and stakeholders
• promoting your business and products/services
• building brand awareness
• discovering what people think of your business and what they are saying about it
• personally interacting with existing customers and attracting new ones

Read more about social media business opportunities and challenges.

Social media channels

There are many social media platforms that your business can avail of, including Facebook, X, Instagram, Threads, YouTube, and LinkedIn.

It's important to consider whether social media is right for your business and, if so, which social media channels would best suit your business.

Read more on social media best practice for business.

Legislation relevant to social media

As an employer, you should be aware of the broad range of legislation relating to social media in the workplace.

This legislation includes:

• The Computer Misuse Act 1990
• The Human Rights Act 1998
• The Data Protection Act 2018
• General Data Protection Regulation
• The Malicious Communications (Northern Ireland) Order 1988
• The Protection from Harassment (Northern Ireland) Order 1997
• Regulation of Investigatory Powers Act 2000
• The Telecommunications (Lawful Business Practice) (Interception of Communications) Regulations 2000
• Electronic Communications Act 2000
• Communications Act 2003
• The Employment Rights (Northern Ireland) Order 1996 (Unfair Dismissal)
• Equality and anti-discrimination laws

To find out more about the legislation that has an impact on social media, read the Labour Relations Agency (LRA) guidance on social media and the employment relationship.

Social media is changing the way people interact, and there are many ways that it is changing the nature of the relationship between employers and employees.

Advertise jobs and recruit through social media

Many employers use social media to advertise and recruit new employees, for example, posting job vacancies on X or LinkedIn. You could achieve huge savings by doing this, as these channels are free. There is also the potential to reach recruits more quickly, as social networking sites have huge audiences.

Recruitment using social media exclusively

Recruiting or assessing potential recruits using social media exclusively can exclude people who do not have access to social media. Therefore, always use other methods for advertising if using social media for the placement of vacancies.

You should consider all of the recruitment methods available to you. See where and how to advertise your job.

Using social media for screening during recruitment

Employees are often unaware that their social networking pages are being used by employers as part of a screening process before making job offers. They may be looking for evidence of what they consider 'inappropriate' behaviour or language.

Laws protecting people from discrimination on the grounds of age, sex, disability, race, marriage/civil partnership, religion and belief, and sexual orientation start at the recruitment stage.

You could face claims to an industrial tribunal if you refuse to interview someone as a result of a judgement made based on a social networking profile. As a result, the Labour Relations Agency (LRA) would not recommend the screening of social networking pages for recruitment purposes. Additionally, using information from a social networking site, without the person's knowledge or consent, could be challenged under human rights and data protection legislation.

You might wish to get a legal opinion on whether this could be challenged if the person had been made aware by the potential employer that social media may be used by them for the purposes of verifying information, etc. You should seek advice from the Information Commissioner's Office (ICO) before you begin using social media to screen candidates as part of the recruitment process. Contact the ICO's advice service for small organisations.

In some organisations, the use of social media could result in employees spending too much time away from core work duties, which could badly affect productivity.

Outline appropriate social media use in your workplace policy

Employers should have a clear workplace social media policy about personal use of work devices so employees are clear about what they are allowed to do and not allowed to do. See develop a social media policy.

The use of social media often blurs the distinction between work and home life, because it is easily accessible at home and while travelling. This has led to some employers putting more emphasis on managing the tasks an employee performs rather than managing the time they work.

Social media also allows employees to work remotely, which offers unique challenges for performance management. Employees using tweets, internal message boards, and professional networking sites to keep in touch can lead to improved frequency of communication between line management and staff. However, face-to-face communication is often more appropriate when dealing with work issues. It can also be difficult for line managers to accurately assess employees' performance if communication happens more online than in person.

Social media: employee health and safety

You also need to be aware of health and safety issues. For example, employees may use personal social networking as a way of switching off from work rather than having regulated breaks away from IT equipment.

The use of social media can also become addictive to varying degrees, from constantly checking work emails to deeper personal problems, such as online gambling. Where there is a serious problem, employees may need to be encouraged to seek specialist help.

Read more on managing staff performance.

Careless use of social media by individual employees can have a negative effect on the organisation as a whole. As an employer, you should be aware of and look out for the different issues that could arise.

Negative staff comments on social media

An employee posting negative comments on social media about other employees, their employer, or customers could have a potentially devastating effect on an organisation.

Some examples of negative comments include personal opinions about the organisation, another employee, or a customer.

Bringing the organisation into disrepute on social media

A much wider audience will be privy to any inappropriate conduct that occurs online. For example, a video uploaded to YouTube could have thousands of views within a short time.

Your response to such inappropriate conduct will be dependent on the extent it can be linked to your business and to what extent it could or potentially could damage your reputation or business.

When deciding whether statements made on social media are defamatory, you should focus on and establish how a typical reader of social media postings would interpret them. When deciding how a social media post would be interpreted, you should keep in mind how such posts were made and read. Consider how people view social media content by scrolling quickly, rarely pausing to reflect or ponder the meaning of some statements. In short, as an employer, you should bear context in mind and not overreact to social media content. However, common sense is necessary here, and if you feel an issue is serious enough to take action, you should seek legal advice immediately.

Bullying and harassment on social media

You also need to be aware of the potential for social media to be used for cyberbullying and harassment purposes.

Bullying and harassment can be defined as 'unwanted conduct which has the purpose or effect of violating an individual's dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment'.

Online bullying and harassment can include:

• social exclusion - limiting interaction to cliques/groups
• posting offensive or threatening comments
• posting photographs or videos

Online bullying may breach your bullying/harassment policy and should be treated in the same way as if it had occurred in the workplace. If the harassment is related to a particular characteristic of the individual, eg, race, gender, age, disability, etc, it is prohibited under anti-discrimination legislation.

Read more on bullying and harassment.

Breach of confidentiality on social media

The duty to preserve confidentiality is part of the duty of fidelity, which all employees owe to their employer. You may also have confidentiality clauses that set out clear rules about the use of company/employee information.

Unauthorised disclosure of company information via social media sites could include details relating to:

• profit/loss accounts
• potential redundancies
• employee personal information
• client details
• details of grievances/internal complaints
• trade secrets

Another issue that may arise is employee behaviour online that is incompatible with their job role. For examples of employment case law on this issue and each of the other areas, read the Labour Relations Agency (LRA) guidance on social media and the employment relationship.

Employees sometimes use social media to air their grievances, for example, an employee complaining about how they are being treated by their line manager at work. You should always make clear to your employees that the appropriate medium for raising a grievance is via the company grievance procedure, and not social media sites.

You may have difficulty knowing how to apply company disciplinary rules to social media activity. For example, what online behaviour constitutes 'gross misconduct'? Many employers have clear rules on defamation and breaches of confidentiality, but are often less sure about whether they should be making judgments about an employee's behaviour online.

Social media can also be an excuse for avoiding face-to-face conversations. Many of the issues that lead to disciplinary and grievance problems at work can often be dealt with by having an informal discussion with an employee. However, this can prove difficult if line managers have become over-reliant on communicating electronically.

What steps should employers take with social media?

Set clear social media guidelines

Make it clear when employees are seen to be representing the company and what personal views they can express - for example, some employees are forbidden from expressing any political views. Also, be clear about how you expect employees to help protect the company or brand. See develop a social media policy.

Include social networking in your discipline and grievance policy

Provide clear examples of what will be regarded as gross misconduct - for example, posting derogatory or offensive comments online about the company or a work colleague, which amounts to harassment. See handling grievances and grievance and disciplinary procedures, and templates.

Update bullying policies to include guidance on the use of social media

An example of bullying through social media could be an employee being deliberately ostracised at work because they did not accept an invitation to become someone's friend on a social networking site. Read more on bullying and harassment.

Use direct forms of communication

Many of the causes of conflict at work can be resolved by face-to-face interaction. See managing conflict.

You should treat improper use of social media as you would any other type of alleged misconduct.

This would involve an investigation and consideration of suspension or other precautionary action, followed by disciplinary action if appropriate.

Read the Labour Relations Agency (LRA) advice on social media and the employment relationship.

Investigation into improper social media use

In certain cases, for example, in cases involving alleged gross misconduct, consideration should be given to a brief period of suspension with full pay while an unhindered investigation into improper social media use is conducted.

You should also consider alternative actions which would be more acceptable to the employee yet serve the same purpose as a suspension, eg, agreeing on a temporary transfer to other duties without loss of pay.

Any action taken, including suspension on full pay, should be reviewed frequently to ensure it is not delayed unnecessarily. It should be made clear that any action taken is neither considered disciplinary action nor an indication of blame or guilt.

It is essential to have as much objectivity as possible, so a different person should carry out the investigation that will carry out the disciplinary action, perhaps another manager or an external consultant.

The investigation may involve taking witness statements, referring to other workplace policies and procedures, and compiling a report on the findings.

You should be mindful that the investigation should be conducted promptly to adhere to the organisation's timescales, but also to gather evidence while the incident is fresh.

The employer should then determine, on the basis of the investigation, whether it is necessary or appropriate to carry out any formal (or informal) action.

Further information on carrying out investigations can be found in the LRA advisory guide on advice on conducting employment investigations.

After the investigation and disciplinary action to be taken

The employer can then decide the necessary action to take as follows:

• No case to answer, so no further action is required.
• Informal action is used to try and nip problems in the bud.
• Formal action, ie, warnings, is taken when informal action has not brought about the improvement needed or a more serious offence has been committed where informal action is not appropriate.
• For a gross misconduct offence, you could go straight to the dismissal stage, or if the procedure permits, use an action short of dismissal as an alternative penalty. This may include demotion or suspension without pay if allowed in the contract of employment.

Improper social media use: disciplinary action

When taking formal disciplinary action, you should comply with the statutory dismissal/disciplinary procedure as set out in the LRA Code of Practice on Disciplinary Procedures.

This involves three steps:

Step 1: Statement of grounds for action and invitation to meeting

The employer must provide the employee with a written statement of the alleged misconduct which has led to the consideration of formal disciplinary action or dismissal. The employer should invite the employee to a hearing to discuss the issue and make them aware of their statutory right of accompaniment at formal disciplinary meetings.

Step 2: Disciplinary hearing

Prior to the hearing, the employer should supply any information relevant to the allegation, allowing the employee sufficient time to consider the details and prepare their defence. The employee must take all reasonable steps to attend the meeting. After the meeting, the employer should inform the employee of the decision and offer the right to appeal.

Step 3: Disciplinary appeal

If the employee wishes to appeal, he or she will inform the employer. The employer will invite the employee to a further hearing to discuss the appeal. The employee must take all reasonable steps to attend the meeting. The final decision will be communicated to the employee.

The employee's statutory right to be accompanied means they can be accompanied by a colleague or union representative at any formal disciplinary meeting.

Read more on disciplinary procedures, hearings and appeals.

You can also read further LRA advice on handling discipline and grievances at work.

There are ways that you can effectively manage your employees' use of social media so that you can reap the benefits without negative issues arising.

Benefits of establishing a social media policy

By creating a social media policy, your employees are aware of the company's boundaries and expectations. A social media policy also makes it clear to employees what is expected from their online behaviour.

It also helps employees draw a line between their private and professional lives.

A social media policy also helps to protect your organisation against liability for the actions of your employees and ensures you comply with the law on discrimination, data protection, and protecting the health of employees.

A written policy on the acceptable use of social media at work can also help line managers manage staff performance effectively, help you to be clear about sensitive issues like monitoring, and explain how disciplinary rules and sanctions will be applied.

Preparing to develop a social media policy

Before you develop and introduce a social media policy for your workplace, you should consult with your workforce and representatives. This can help ensure fairness, and staff will more likely buy into and adhere to a policy that has been developed with their contribution. See engaging with staff.

What should my social media policy include?

A social media policy should include:

Definition and purpose of social media policy

Outline what the policy is about and who it applies to, including those using work-related social media and those who access it in a personal capacity.

Why use social media

Describe the benefits to the organisation, eg, more effective engagement with customers, promoting products, and marketing purposes.

Roles and responsibilities

Identify who in your organisation will oversee social media activity and take overall responsibility for the day-to-day administration of the different activities. See social media best practice for business.

Using work-related social media

What the limitations are as to what can be discussed, commented on, or promoted via social media to avoid potential problems or reputational damage.

Personal use of social media

Description of what is seen as acceptable personal use of social media during work.

Personal use of social media outside work

Highlighting that your employees need to be mindful of their contributions and what they disclose about your company, even when they're at home, using their own equipment, in their own time.

General rules for using social media

Including examples of inappropriate content and terms of use.

Monitoring use of social media

You must ensure that any monitoring is carried out in compliance with relevant legislation. See monitoring employees' social media usage.

References to other relevant policies

For example, a disciplinary procedure or an anti-bullying policy. Read more on bullying and harassment.

Sanctions

Where it is believed that an employee has failed to comply with the policy, they will face the company's disciplinary procedure. Read more on disciplinary procedures, hearings, and appeals.

Ongoing review and update

Provide details of who will be responsible for reviewing the policy and when this will be done.

Social media policy template

To help you create your own social media policy for your business, download our social media policy template (DOC, 20K).

To read more on developing a social media policy, read the Labour Relations Agency's guidance on social media and the employment relationship.

Include social media in other staff policies

You may find that some of your existing workplace policies should also be updated to include a reference to your social media policy. These may include:

Statement of main terms and conditions

If you are a small business and have a limited number of policies and procedures, you may decide to include a section on social media usage within this policy.

Discipline and grievance

You may want to include a section here on how you will deal with improper use of social media. See managing improper use of social media. It should also be made possible for employees to complain about inappropriate use, eg, cyberbullying and harassment.

Communication

If you have a general communication policy, you should include a section on how social media will be used for communication purposes.

Electronic communications

You may wish to include a section on using social media in respect of internet and mobile phone usage, eg, what is deemed to be appropriate social media use within working hours.

Bullying and harassment

Online bullying could breach this policy, so you should also include a social media section here.

Recruitment and selection

Employers should be careful about being influenced in relation to the recruitment of employees by information on social media sites.

Read more on how to set up employment policies for your business.

Continued employee awareness

Once you have your social media policy in place, you must ensure your employees are aware of it and continue to keep it in mind. You should provide training on your social media policy to instil better awareness and understanding amongst your staff as to what is expected of them when using social media. Refresher training, eg, every 24 months, can also be beneficial as a reminder to staff of the policy and can offer an opportunity to highlight any new updates to the social media policy, especially given that social media is an area that is constantly changing.

You should make new staff aware of all workplace policies during the induction process and remind all staff to adhere to company policies regularly.

Many employers may fail in defending claims of unfair dismissal cases related to inappropriate use of social media for failing to either provide clear guidelines on the use or not having consistent policies for managing issues when they arise.

Monitoring must be undertaken appropriately and in accordance with relevant legislation, for example, the Data Protection Act 2018, Human Rights Act 1998, and the Regulation of Investigatory Powers Act 2000. Find more guidance on data protection and legal issues.

You must be able to justify monitoring staff at work. Employees have rights at work, and if you do not treat them fairly, they could take you to an employment tribunal or complain to the Information Commissioner's Office.

You must make staff aware that they are being monitored, and the reasons why, eg, by sending an email detailing that social media used by staff in the workplace will be monitored for inappropriate content.

You can monitor staff without their knowledge if you suspect them of breaking the law, and letting them know about it would make it hard to detect the crime. You should only do this as part of a specific investigation and cease the monitoring when the investigation has ended.

Read more about monitoring staff at work. You should contact the Information Commissioner's Office for advice before you begin to monitor staff.

Covert surveillance

An employer should only use covert surveillance at work to investigate serious suspected misconduct, such as theft or fraud. The human right to respect private and family life is engaged by covert surveillance unless it takes place in a public space where there is no reasonable expectation of privacy. The human right to privacy is unlikely to be infringed if:

• the employer has a serious and legitimate purpose, usually to investigate suspected fraud or theft
• staff have been warned in advance that covert surveillance is a possibility, for example, using signage, posters, or a written policy, and the purpose of that surveillance has been explained
• policies have been drawn up in consultation with staff and with the union if recognised
• the employer only uses the results for the stated purpose and not any other purpose, for example, if a hidden camera is used to detect theft or fraud but instead reveals poor performance or misconduct, the results of the covert surveillance should not be used in a disciplinary action over these minor issues
• the results are kept confidential, secure, and are not shared inappropriately
• the monitoring is time-limited
• its use is reactive, ie, a short-term response to legitimate suspicions of grave and serious misconduct such as theft, as opposed to being permanently installed, waiting to catch people out
• alternatives have been considered

Control social media usage through network security

There are ways to help control the usage of social media sites and, if needed, restrict or block access to certain sites.

These include using firewalls, web security tools, and ensuring you have antivirus software to detect and prevent viruses.

Read more on how to protect your business online.

Social media presents great opportunities for businesses of all sizes. Business benefits include:

• communicating with employees, partners, and stakeholders
• promoting your business and products/services
• building brand awareness
• discovering what people think of your business and what they are saying about it
• personally interacting with existing customers and attracting new ones

Read more about social media business opportunities and challenges.

Social media channels

There are many social media platforms that your business can avail of, including Facebook, X, Instagram, Threads, YouTube, and LinkedIn.

It's important to consider whether social media is right for your business and, if so, which social media channels would best suit your business.

Read more on social media best practice for business.

Legislation relevant to social media

As an employer, you should be aware of the broad range of legislation relating to social media in the workplace.

This legislation includes:

• The Computer Misuse Act 1990
• The Human Rights Act 1998
• The Data Protection Act 2018
• General Data Protection Regulation
• The Malicious Communications (Northern Ireland) Order 1988
• The Protection from Harassment (Northern Ireland) Order 1997
• Regulation of Investigatory Powers Act 2000
• The Telecommunications (Lawful Business Practice) (Interception of Communications) Regulations 2000
• Electronic Communications Act 2000
• Communications Act 2003
• The Employment Rights (Northern Ireland) Order 1996 (Unfair Dismissal)
• Equality and anti-discrimination laws

To find out more about the legislation that has an impact on social media, read the Labour Relations Agency (LRA) guidance on social media and the employment relationship.

Social media is changing the way people interact, and there are many ways that it is changing the nature of the relationship between employers and employees.

Advertise jobs and recruit through social media

Many employers use social media to advertise and recruit new employees, for example, posting job vacancies on X or LinkedIn. You could achieve huge savings by doing this, as these channels are free. There is also the potential to reach recruits more quickly, as social networking sites have huge audiences.

Recruitment using social media exclusively

Recruiting or assessing potential recruits using social media exclusively can exclude people who do not have access to social media. Therefore, always use other methods for advertising if using social media for the placement of vacancies.

You should consider all of the recruitment methods available to you. See where and how to advertise your job.

Using social media for screening during recruitment

Employees are often unaware that their social networking pages are being used by employers as part of a screening process before making job offers. They may be looking for evidence of what they consider 'inappropriate' behaviour or language.

Laws protecting people from discrimination on the grounds of age, sex, disability, race, marriage/civil partnership, religion and belief, and sexual orientation start at the recruitment stage.

You could face claims to an industrial tribunal if you refuse to interview someone as a result of a judgement made based on a social networking profile. As a result, the Labour Relations Agency (LRA) would not recommend the screening of social networking pages for recruitment purposes. Additionally, using information from a social networking site, without the person's knowledge or consent, could be challenged under human rights and data protection legislation.

You might wish to get a legal opinion on whether this could be challenged if the person had been made aware by the potential employer that social media may be used by them for the purposes of verifying information, etc. You should seek advice from the Information Commissioner's Office (ICO) before you begin using social media to screen candidates as part of the recruitment process. Contact the ICO's advice service for small organisations.

In some organisations, the use of social media could result in employees spending too much time away from core work duties, which could badly affect productivity.

Outline appropriate social media use in your workplace policy

Employers should have a clear workplace social media policy about personal use of work devices so employees are clear about what they are allowed to do and not allowed to do. See develop a social media policy.

The use of social media often blurs the distinction between work and home life, because it is easily accessible at home and while travelling. This has led to some employers putting more emphasis on managing the tasks an employee performs rather than managing the time they work.

Social media also allows employees to work remotely, which offers unique challenges for performance management. Employees using tweets, internal message boards, and professional networking sites to keep in touch can lead to improved frequency of communication between line management and staff. However, face-to-face communication is often more appropriate when dealing with work issues. It can also be difficult for line managers to accurately assess employees' performance if communication happens more online than in person.

Social media: employee health and safety

You also need to be aware of health and safety issues. For example, employees may use personal social networking as a way of switching off from work rather than having regulated breaks away from IT equipment.

The use of social media can also become addictive to varying degrees, from constantly checking work emails to deeper personal problems, such as online gambling. Where there is a serious problem, employees may need to be encouraged to seek specialist help.

Read more on managing staff performance.

Careless use of social media by individual employees can have a negative effect on the organisation as a whole. As an employer, you should be aware of and look out for the different issues that could arise.

Negative staff comments on social media

An employee posting negative comments on social media about other employees, their employer, or customers could have a potentially devastating effect on an organisation.

Some examples of negative comments include personal opinions about the organisation, another employee, or a customer.

Bringing the organisation into disrepute on social media

A much wider audience will be privy to any inappropriate conduct that occurs online. For example, a video uploaded to YouTube could have thousands of views within a short time.

Your response to such inappropriate conduct will be dependent on the extent it can be linked to your business and to what extent it could or potentially could damage your reputation or business.

When deciding whether statements made on social media are defamatory, you should focus on and establish how a typical reader of social media postings would interpret them. When deciding how a social media post would be interpreted, you should keep in mind how such posts were made and read. Consider how people view social media content by scrolling quickly, rarely pausing to reflect or ponder the meaning of some statements. In short, as an employer, you should bear context in mind and not overreact to social media content. However, common sense is necessary here, and if you feel an issue is serious enough to take action, you should seek legal advice immediately.

Bullying and harassment on social media

You also need to be aware of the potential for social media to be used for cyberbullying and harassment purposes.

Bullying and harassment can be defined as 'unwanted conduct which has the purpose or effect of violating an individual's dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment'.

Online bullying and harassment can include:

• social exclusion - limiting interaction to cliques/groups
• posting offensive or threatening comments
• posting photographs or videos

Online bullying may breach your bullying/harassment policy and should be treated in the same way as if it had occurred in the workplace. If the harassment is related to a particular characteristic of the individual, eg, race, gender, age, disability, etc, it is prohibited under anti-discrimination legislation.

Read more on bullying and harassment.

Breach of confidentiality on social media

The duty to preserve confidentiality is part of the duty of fidelity, which all employees owe to their employer. You may also have confidentiality clauses that set out clear rules about the use of company/employee information.

Unauthorised disclosure of company information via social media sites could include details relating to:

• profit/loss accounts
• potential redundancies
• employee personal information
• client details
• details of grievances/internal complaints
• trade secrets

Another issue that may arise is employee behaviour online that is incompatible with their job role. For examples of employment case law on this issue and each of the other areas, read the Labour Relations Agency (LRA) guidance on social media and the employment relationship.

Employees sometimes use social media to air their grievances, for example, an employee complaining about how they are being treated by their line manager at work. You should always make clear to your employees that the appropriate medium for raising a grievance is via the company grievance procedure, and not social media sites.

You may have difficulty knowing how to apply company disciplinary rules to social media activity. For example, what online behaviour constitutes 'gross misconduct'? Many employers have clear rules on defamation and breaches of confidentiality, but are often less sure about whether they should be making judgments about an employee's behaviour online.

Social media can also be an excuse for avoiding face-to-face conversations. Many of the issues that lead to disciplinary and grievance problems at work can often be dealt with by having an informal discussion with an employee. However, this can prove difficult if line managers have become over-reliant on communicating electronically.

What steps should employers take with social media?

Set clear social media guidelines

Make it clear when employees are seen to be representing the company and what personal views they can express - for example, some employees are forbidden from expressing any political views. Also, be clear about how you expect employees to help protect the company or brand. See develop a social media policy.

Include social networking in your discipline and grievance policy

Provide clear examples of what will be regarded as gross misconduct - for example, posting derogatory or offensive comments online about the company or a work colleague, which amounts to harassment. See handling grievances and grievance and disciplinary procedures, and templates.

Update bullying policies to include guidance on the use of social media

An example of bullying through social media could be an employee being deliberately ostracised at work because they did not accept an invitation to become someone's friend on a social networking site. Read more on bullying and harassment.

Use direct forms of communication

Many of the causes of conflict at work can be resolved by face-to-face interaction. See managing conflict.

You should treat improper use of social media as you would any other type of alleged misconduct.

This would involve an investigation and consideration of suspension or other precautionary action, followed by disciplinary action if appropriate.

Read the Labour Relations Agency (LRA) advice on social media and the employment relationship.

Investigation into improper social media use

In certain cases, for example, in cases involving alleged gross misconduct, consideration should be given to a brief period of suspension with full pay while an unhindered investigation into improper social media use is conducted.

You should also consider alternative actions which would be more acceptable to the employee yet serve the same purpose as a suspension, eg, agreeing on a temporary transfer to other duties without loss of pay.

Any action taken, including suspension on full pay, should be reviewed frequently to ensure it is not delayed unnecessarily. It should be made clear that any action taken is neither considered disciplinary action nor an indication of blame or guilt.

It is essential to have as much objectivity as possible, so a different person should carry out the investigation that will carry out the disciplinary action, perhaps another manager or an external consultant.

The investigation may involve taking witness statements, referring to other workplace policies and procedures, and compiling a report on the findings.

You should be mindful that the investigation should be conducted promptly to adhere to the organisation's timescales, but also to gather evidence while the incident is fresh.

The employer should then determine, on the basis of the investigation, whether it is necessary or appropriate to carry out any formal (or informal) action.

Further information on carrying out investigations can be found in the LRA advisory guide on advice on conducting employment investigations.

After the investigation and disciplinary action to be taken

The employer can then decide the necessary action to take as follows:

• No case to answer, so no further action is required.
• Informal action is used to try and nip problems in the bud.
• Formal action, ie, warnings, is taken when informal action has not brought about the improvement needed or a more serious offence has been committed where informal action is not appropriate.
• For a gross misconduct offence, you could go straight to the dismissal stage, or if the procedure permits, use an action short of dismissal as an alternative penalty. This may include demotion or suspension without pay if allowed in the contract of employment.

Improper social media use: disciplinary action

When taking formal disciplinary action, you should comply with the statutory dismissal/disciplinary procedure as set out in the LRA Code of Practice on Disciplinary Procedures.

This involves three steps:

Step 1: Statement of grounds for action and invitation to meeting

The employer must provide the employee with a written statement of the alleged misconduct which has led to the consideration of formal disciplinary action or dismissal. The employer should invite the employee to a hearing to discuss the issue and make them aware of their statutory right of accompaniment at formal disciplinary meetings.

Step 2: Disciplinary hearing

Prior to the hearing, the employer should supply any information relevant to the allegation, allowing the employee sufficient time to consider the details and prepare their defence. The employee must take all reasonable steps to attend the meeting. After the meeting, the employer should inform the employee of the decision and offer the right to appeal.

Step 3: Disciplinary appeal

If the employee wishes to appeal, he or she will inform the employer. The employer will invite the employee to a further hearing to discuss the appeal. The employee must take all reasonable steps to attend the meeting. The final decision will be communicated to the employee.

The employee's statutory right to be accompanied means they can be accompanied by a colleague or union representative at any formal disciplinary meeting.

Read more on disciplinary procedures, hearings and appeals.

You can also read further LRA advice on handling discipline and grievances at work.

There are ways that you can effectively manage your employees' use of social media so that you can reap the benefits without negative issues arising.

Benefits of establishing a social media policy

By creating a social media policy, your employees are aware of the company's boundaries and expectations. A social media policy also makes it clear to employees what is expected from their online behaviour.

It also helps employees draw a line between their private and professional lives.

A social media policy also helps to protect your organisation against liability for the actions of your employees and ensures you comply with the law on discrimination, data protection, and protecting the health of employees.

A written policy on the acceptable use of social media at work can also help line managers manage staff performance effectively, help you to be clear about sensitive issues like monitoring, and explain how disciplinary rules and sanctions will be applied.

Preparing to develop a social media policy

Before you develop and introduce a social media policy for your workplace, you should consult with your workforce and representatives. This can help ensure fairness, and staff will more likely buy into and adhere to a policy that has been developed with their contribution. See engaging with staff.

What should my social media policy include?

A social media policy should include:

Definition and purpose of social media policy

Outline what the policy is about and who it applies to, including those using work-related social media and those who access it in a personal capacity.

Why use social media

Describe the benefits to the organisation, eg, more effective engagement with customers, promoting products, and marketing purposes.

Roles and responsibilities

Identify who in your organisation will oversee social media activity and take overall responsibility for the day-to-day administration of the different activities. See social media best practice for business.

Using work-related social media

What the limitations are as to what can be discussed, commented on, or promoted via social media to avoid potential problems or reputational damage.

Personal use of social media

Description of what is seen as acceptable personal use of social media during work.

Personal use of social media outside work

Highlighting that your employees need to be mindful of their contributions and what they disclose about your company, even when they're at home, using their own equipment, in their own time.

General rules for using social media

Including examples of inappropriate content and terms of use.

Monitoring use of social media

You must ensure that any monitoring is carried out in compliance with relevant legislation. See monitoring employees' social media usage.

References to other relevant policies

For example, a disciplinary procedure or an anti-bullying policy. Read more on bullying and harassment.

Sanctions

Where it is believed that an employee has failed to comply with the policy, they will face the company's disciplinary procedure. Read more on disciplinary procedures, hearings, and appeals.

Ongoing review and update

Provide details of who will be responsible for reviewing the policy and when this will be done.

Social media policy template

To help you create your own social media policy for your business, download our social media policy template (DOC, 20K).

To read more on developing a social media policy, read the Labour Relations Agency's guidance on social media and the employment relationship.

Include social media in other staff policies

You may find that some of your existing workplace policies should also be updated to include a reference to your social media policy. These may include:

Statement of main terms and conditions

If you are a small business and have a limited number of policies and procedures, you may decide to include a section on social media usage within this policy.

Discipline and grievance

You may want to include a section here on how you will deal with improper use of social media. See managing improper use of social media. It should also be made possible for employees to complain about inappropriate use, eg, cyberbullying and harassment.

Communication

If you have a general communication policy, you should include a section on how social media will be used for communication purposes.

Electronic communications

You may wish to include a section on using social media in respect of internet and mobile phone usage, eg, what is deemed to be appropriate social media use within working hours.

Bullying and harassment

Online bullying could breach this policy, so you should also include a social media section here.

Recruitment and selection

Employers should be careful about being influenced in relation to the recruitment of employees by information on social media sites.

Read more on how to set up employment policies for your business.

Continued employee awareness

Once you have your social media policy in place, you must ensure your employees are aware of it and continue to keep it in mind. You should provide training on your social media policy to instil better awareness and understanding amongst your staff as to what is expected of them when using social media. Refresher training, eg, every 24 months, can also be beneficial as a reminder to staff of the policy and can offer an opportunity to highlight any new updates to the social media policy, especially given that social media is an area that is constantly changing.

You should make new staff aware of all workplace policies during the induction process and remind all staff to adhere to company policies regularly.

Many employers may fail in defending claims of unfair dismissal cases related to inappropriate use of social media for failing to either provide clear guidelines on the use or not having consistent policies for managing issues when they arise.

Monitoring must be undertaken appropriately and in accordance with relevant legislation, for example, the Data Protection Act 2018, Human Rights Act 1998, and the Regulation of Investigatory Powers Act 2000. Find more guidance on data protection and legal issues.

You must be able to justify monitoring staff at work. Employees have rights at work, and if you do not treat them fairly, they could take you to an employment tribunal or complain to the Information Commissioner's Office.

You must make staff aware that they are being monitored, and the reasons why, eg, by sending an email detailing that social media used by staff in the workplace will be monitored for inappropriate content.

You can monitor staff without their knowledge if you suspect them of breaking the law, and letting them know about it would make it hard to detect the crime. You should only do this as part of a specific investigation and cease the monitoring when the investigation has ended.

Read more about monitoring staff at work. You should contact the Information Commissioner's Office for advice before you begin to monitor staff.

Covert surveillance

An employer should only use covert surveillance at work to investigate serious suspected misconduct, such as theft or fraud. The human right to respect private and family life is engaged by covert surveillance unless it takes place in a public space where there is no reasonable expectation of privacy. The human right to privacy is unlikely to be infringed if:

• the employer has a serious and legitimate purpose, usually to investigate suspected fraud or theft
• staff have been warned in advance that covert surveillance is a possibility, for example, using signage, posters, or a written policy, and the purpose of that surveillance has been explained
• policies have been drawn up in consultation with staff and with the union if recognised
• the employer only uses the results for the stated purpose and not any other purpose, for example, if a hidden camera is used to detect theft or fraud but instead reveals poor performance or misconduct, the results of the covert surveillance should not be used in a disciplinary action over these minor issues
• the results are kept confidential, secure, and are not shared inappropriately
• the monitoring is time-limited
• its use is reactive, ie, a short-term response to legitimate suspicions of grave and serious misconduct such as theft, as opposed to being permanently installed, waiting to catch people out
• alternatives have been considered

Control social media usage through network security

There are ways to help control the usage of social media sites and, if needed, restrict or block access to certain sites.

These include using firewalls, web security tools, and ensuring you have antivirus software to detect and prevent viruses.

Read more on how to protect your business online.

Social media presents great opportunities for businesses of all sizes. Business benefits include:

• communicating with employees, partners, and stakeholders
• promoting your business and products/services
• building brand awareness
• discovering what people think of your business and what they are saying about it
• personally interacting with existing customers and attracting new ones

Read more about social media business opportunities and challenges.

Social media channels

There are many social media platforms that your business can avail of, including Facebook, X, Instagram, Threads, YouTube, and LinkedIn.

It's important to consider whether social media is right for your business and, if so, which social media channels would best suit your business.

Read more on social media best practice for business.

Legislation relevant to social media

As an employer, you should be aware of the broad range of legislation relating to social media in the workplace.

This legislation includes:

• The Computer Misuse Act 1990
• The Human Rights Act 1998
• The Data Protection Act 2018
• General Data Protection Regulation
• The Malicious Communications (Northern Ireland) Order 1988
• The Protection from Harassment (Northern Ireland) Order 1997
• Regulation of Investigatory Powers Act 2000
• The Telecommunications (Lawful Business Practice) (Interception of Communications) Regulations 2000
• Electronic Communications Act 2000
• Communications Act 2003
• The Employment Rights (Northern Ireland) Order 1996 (Unfair Dismissal)
• Equality and anti-discrimination laws

To find out more about the legislation that has an impact on social media, read the Labour Relations Agency (LRA) guidance on social media and the employment relationship.

Social media is changing the way people interact, and there are many ways that it is changing the nature of the relationship between employers and employees.

Advertise jobs and recruit through social media

Many employers use social media to advertise and recruit new employees, for example, posting job vacancies on X or LinkedIn. You could achieve huge savings by doing this, as these channels are free. There is also the potential to reach recruits more quickly, as social networking sites have huge audiences.

Recruitment using social media exclusively

Recruiting or assessing potential recruits using social media exclusively can exclude people who do not have access to social media. Therefore, always use other methods for advertising if using social media for the placement of vacancies.

You should consider all of the recruitment methods available to you. See where and how to advertise your job.

Using social media for screening during recruitment

Employees are often unaware that their social networking pages are being used by employers as part of a screening process before making job offers. They may be looking for evidence of what they consider 'inappropriate' behaviour or language.

Laws protecting people from discrimination on the grounds of age, sex, disability, race, marriage/civil partnership, religion and belief, and sexual orientation start at the recruitment stage.

You could face claims to an industrial tribunal if you refuse to interview someone as a result of a judgement made based on a social networking profile. As a result, the Labour Relations Agency (LRA) would not recommend the screening of social networking pages for recruitment purposes. Additionally, using information from a social networking site, without the person's knowledge or consent, could be challenged under human rights and data protection legislation.

You might wish to get a legal opinion on whether this could be challenged if the person had been made aware by the potential employer that social media may be used by them for the purposes of verifying information, etc. You should seek advice from the Information Commissioner's Office (ICO) before you begin using social media to screen candidates as part of the recruitment process. Contact the ICO's advice service for small organisations.

In some organisations, the use of social media could result in employees spending too much time away from core work duties, which could badly affect productivity.

Outline appropriate social media use in your workplace policy

Employers should have a clear workplace social media policy about personal use of work devices so employees are clear about what they are allowed to do and not allowed to do. See develop a social media policy.

The use of social media often blurs the distinction between work and home life, because it is easily accessible at home and while travelling. This has led to some employers putting more emphasis on managing the tasks an employee performs rather than managing the time they work.

Social media also allows employees to work remotely, which offers unique challenges for performance management. Employees using tweets, internal message boards, and professional networking sites to keep in touch can lead to improved frequency of communication between line management and staff. However, face-to-face communication is often more appropriate when dealing with work issues. It can also be difficult for line managers to accurately assess employees' performance if communication happens more online than in person.

Social media: employee health and safety

You also need to be aware of health and safety issues. For example, employees may use personal social networking as a way of switching off from work rather than having regulated breaks away from IT equipment.

The use of social media can also become addictive to varying degrees, from constantly checking work emails to deeper personal problems, such as online gambling. Where there is a serious problem, employees may need to be encouraged to seek specialist help.

Read more on managing staff performance.

Careless use of social media by individual employees can have a negative effect on the organisation as a whole. As an employer, you should be aware of and look out for the different issues that could arise.

Negative staff comments on social media

An employee posting negative comments on social media about other employees, their employer, or customers could have a potentially devastating effect on an organisation.

Some examples of negative comments include personal opinions about the organisation, another employee, or a customer.

Bringing the organisation into disrepute on social media

A much wider audience will be privy to any inappropriate conduct that occurs online. For example, a video uploaded to YouTube could have thousands of views within a short time.

Your response to such inappropriate conduct will be dependent on the extent it can be linked to your business and to what extent it could or potentially could damage your reputation or business.

When deciding whether statements made on social media are defamatory, you should focus on and establish how a typical reader of social media postings would interpret them. When deciding how a social media post would be interpreted, you should keep in mind how such posts were made and read. Consider how people view social media content by scrolling quickly, rarely pausing to reflect or ponder the meaning of some statements. In short, as an employer, you should bear context in mind and not overreact to social media content. However, common sense is necessary here, and if you feel an issue is serious enough to take action, you should seek legal advice immediately.

Bullying and harassment on social media

You also need to be aware of the potential for social media to be used for cyberbullying and harassment purposes.

Bullying and harassment can be defined as 'unwanted conduct which has the purpose or effect of violating an individual's dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment'.

Online bullying and harassment can include:

• social exclusion - limiting interaction to cliques/groups
• posting offensive or threatening comments
• posting photographs or videos

Online bullying may breach your bullying/harassment policy and should be treated in the same way as if it had occurred in the workplace. If the harassment is related to a particular characteristic of the individual, eg, race, gender, age, disability, etc, it is prohibited under anti-discrimination legislation.

Read more on bullying and harassment.

Breach of confidentiality on social media

The duty to preserve confidentiality is part of the duty of fidelity, which all employees owe to their employer. You may also have confidentiality clauses that set out clear rules about the use of company/employee information.

Unauthorised disclosure of company information via social media sites could include details relating to:

• profit/loss accounts
• potential redundancies
• employee personal information
• client details
• details of grievances/internal complaints
• trade secrets

Another issue that may arise is employee behaviour online that is incompatible with their job role. For examples of employment case law on this issue and each of the other areas, read the Labour Relations Agency (LRA) guidance on social media and the employment relationship.

Employees sometimes use social media to air their grievances, for example, an employee complaining about how they are being treated by their line manager at work. You should always make clear to your employees that the appropriate medium for raising a grievance is via the company grievance procedure, and not social media sites.

You may have difficulty knowing how to apply company disciplinary rules to social media activity. For example, what online behaviour constitutes 'gross misconduct'? Many employers have clear rules on defamation and breaches of confidentiality, but are often less sure about whether they should be making judgments about an employee's behaviour online.

Social media can also be an excuse for avoiding face-to-face conversations. Many of the issues that lead to disciplinary and grievance problems at work can often be dealt with by having an informal discussion with an employee. However, this can prove difficult if line managers have become over-reliant on communicating electronically.

What steps should employers take with social media?

Set clear social media guidelines

Make it clear when employees are seen to be representing the company and what personal views they can express - for example, some employees are forbidden from expressing any political views. Also, be clear about how you expect employees to help protect the company or brand. See develop a social media policy.

Include social networking in your discipline and grievance policy

Provide clear examples of what will be regarded as gross misconduct - for example, posting derogatory or offensive comments online about the company or a work colleague, which amounts to harassment. See handling grievances and grievance and disciplinary procedures, and templates.

Update bullying policies to include guidance on the use of social media

An example of bullying through social media could be an employee being deliberately ostracised at work because they did not accept an invitation to become someone's friend on a social networking site. Read more on bullying and harassment.

Use direct forms of communication

Many of the causes of conflict at work can be resolved by face-to-face interaction. See managing conflict.

You should treat improper use of social media as you would any other type of alleged misconduct.

This would involve an investigation and consideration of suspension or other precautionary action, followed by disciplinary action if appropriate.

Read the Labour Relations Agency (LRA) advice on social media and the employment relationship.

Investigation into improper social media use

In certain cases, for example, in cases involving alleged gross misconduct, consideration should be given to a brief period of suspension with full pay while an unhindered investigation into improper social media use is conducted.

You should also consider alternative actions which would be more acceptable to the employee yet serve the same purpose as a suspension, eg, agreeing on a temporary transfer to other duties without loss of pay.

Any action taken, including suspension on full pay, should be reviewed frequently to ensure it is not delayed unnecessarily. It should be made clear that any action taken is neither considered disciplinary action nor an indication of blame or guilt.

It is essential to have as much objectivity as possible, so a different person should carry out the investigation that will carry out the disciplinary action, perhaps another manager or an external consultant.

The investigation may involve taking witness statements, referring to other workplace policies and procedures, and compiling a report on the findings.

You should be mindful that the investigation should be conducted promptly to adhere to the organisation's timescales, but also to gather evidence while the incident is fresh.

The employer should then determine, on the basis of the investigation, whether it is necessary or appropriate to carry out any formal (or informal) action.

Further information on carrying out investigations can be found in the LRA advisory guide on advice on conducting employment investigations.

After the investigation and disciplinary action to be taken

The employer can then decide the necessary action to take as follows:

• No case to answer, so no further action is required.
• Informal action is used to try and nip problems in the bud.
• Formal action, ie, warnings, is taken when informal action has not brought about the improvement needed or a more serious offence has been committed where informal action is not appropriate.
• For a gross misconduct offence, you could go straight to the dismissal stage, or if the procedure permits, use an action short of dismissal as an alternative penalty. This may include demotion or suspension without pay if allowed in the contract of employment.

Improper social media use: disciplinary action

When taking formal disciplinary action, you should comply with the statutory dismissal/disciplinary procedure as set out in the LRA Code of Practice on Disciplinary Procedures.

This involves three steps:

Step 1: Statement of grounds for action and invitation to meeting

The employer must provide the employee with a written statement of the alleged misconduct which has led to the consideration of formal disciplinary action or dismissal. The employer should invite the employee to a hearing to discuss the issue and make them aware of their statutory right of accompaniment at formal disciplinary meetings.

Step 2: Disciplinary hearing

Prior to the hearing, the employer should supply any information relevant to the allegation, allowing the employee sufficient time to consider the details and prepare their defence. The employee must take all reasonable steps to attend the meeting. After the meeting, the employer should inform the employee of the decision and offer the right to appeal.

Step 3: Disciplinary appeal

If the employee wishes to appeal, he or she will inform the employer. The employer will invite the employee to a further hearing to discuss the appeal. The employee must take all reasonable steps to attend the meeting. The final decision will be communicated to the employee.

The employee's statutory right to be accompanied means they can be accompanied by a colleague or union representative at any formal disciplinary meeting.

Read more on disciplinary procedures, hearings and appeals.

You can also read further LRA advice on handling discipline and grievances at work.

There are ways that you can effectively manage your employees' use of social media so that you can reap the benefits without negative issues arising.

Benefits of establishing a social media policy

By creating a social media policy, your employees are aware of the company's boundaries and expectations. A social media policy also makes it clear to employees what is expected from their online behaviour.

It also helps employees draw a line between their private and professional lives.

A social media policy also helps to protect your organisation against liability for the actions of your employees and ensures you comply with the law on discrimination, data protection, and protecting the health of employees.

A written policy on the acceptable use of social media at work can also help line managers manage staff performance effectively, help you to be clear about sensitive issues like monitoring, and explain how disciplinary rules and sanctions will be applied.

Preparing to develop a social media policy

Before you develop and introduce a social media policy for your workplace, you should consult with your workforce and representatives. This can help ensure fairness, and staff will more likely buy into and adhere to a policy that has been developed with their contribution. See engaging with staff.

What should my social media policy include?

A social media policy should include:

Definition and purpose of social media policy

Outline what the policy is about and who it applies to, including those using work-related social media and those who access it in a personal capacity.

Why use social media

Describe the benefits to the organisation, eg, more effective engagement with customers, promoting products, and marketing purposes.

Roles and responsibilities

Identify who in your organisation will oversee social media activity and take overall responsibility for the day-to-day administration of the different activities. See social media best practice for business.

Using work-related social media

What the limitations are as to what can be discussed, commented on, or promoted via social media to avoid potential problems or reputational damage.

Personal use of social media

Description of what is seen as acceptable personal use of social media during work.

Personal use of social media outside work

Highlighting that your employees need to be mindful of their contributions and what they disclose about your company, even when they're at home, using their own equipment, in their own time.

General rules for using social media

Including examples of inappropriate content and terms of use.

Monitoring use of social media

You must ensure that any monitoring is carried out in compliance with relevant legislation. See monitoring employees' social media usage.

References to other relevant policies

For example, a disciplinary procedure or an anti-bullying policy. Read more on bullying and harassment.

Sanctions

Where it is believed that an employee has failed to comply with the policy, they will face the company's disciplinary procedure. Read more on disciplinary procedures, hearings, and appeals.

Ongoing review and update

Provide details of who will be responsible for reviewing the policy and when this will be done.

Social media policy template

To help you create your own social media policy for your business, download our social media policy template (DOC, 20K).

To read more on developing a social media policy, read the Labour Relations Agency's guidance on social media and the employment relationship.

Include social media in other staff policies

You may find that some of your existing workplace policies should also be updated to include a reference to your social media policy. These may include:

Statement of main terms and conditions

If you are a small business and have a limited number of policies and procedures, you may decide to include a section on social media usage within this policy.

Discipline and grievance

You may want to include a section here on how you will deal with improper use of social media. See managing improper use of social media. It should also be made possible for employees to complain about inappropriate use, eg, cyberbullying and harassment.

Communication

If you have a general communication policy, you should include a section on how social media will be used for communication purposes.

Electronic communications

You may wish to include a section on using social media in respect of internet and mobile phone usage, eg, what is deemed to be appropriate social media use within working hours.

Bullying and harassment

Online bullying could breach this policy, so you should also include a social media section here.

Recruitment and selection

Employers should be careful about being influenced in relation to the recruitment of employees by information on social media sites.

Read more on how to set up employment policies for your business.

Continued employee awareness

Once you have your social media policy in place, you must ensure your employees are aware of it and continue to keep it in mind. You should provide training on your social media policy to instil better awareness and understanding amongst your staff as to what is expected of them when using social media. Refresher training, eg, every 24 months, can also be beneficial as a reminder to staff of the policy and can offer an opportunity to highlight any new updates to the social media policy, especially given that social media is an area that is constantly changing.

You should make new staff aware of all workplace policies during the induction process and remind all staff to adhere to company policies regularly.

Many employers may fail in defending claims of unfair dismissal cases related to inappropriate use of social media for failing to either provide clear guidelines on the use or not having consistent policies for managing issues when they arise.

Monitoring must be undertaken appropriately and in accordance with relevant legislation, for example, the Data Protection Act 2018, Human Rights Act 1998, and the Regulation of Investigatory Powers Act 2000. Find more guidance on data protection and legal issues.

You must be able to justify monitoring staff at work. Employees have rights at work, and if you do not treat them fairly, they could take you to an employment tribunal or complain to the Information Commissioner's Office.

You must make staff aware that they are being monitored, and the reasons why, eg, by sending an email detailing that social media used by staff in the workplace will be monitored for inappropriate content.

You can monitor staff without their knowledge if you suspect them of breaking the law, and letting them know about it would make it hard to detect the crime. You should only do this as part of a specific investigation and cease the monitoring when the investigation has ended.

Read more about monitoring staff at work. You should contact the Information Commissioner's Office for advice before you begin to monitor staff.

Covert surveillance

An employer should only use covert surveillance at work to investigate serious suspected misconduct, such as theft or fraud. The human right to respect private and family life is engaged by covert surveillance unless it takes place in a public space where there is no reasonable expectation of privacy. The human right to privacy is unlikely to be infringed if:

• the employer has a serious and legitimate purpose, usually to investigate suspected fraud or theft
• staff have been warned in advance that covert surveillance is a possibility, for example, using signage, posters, or a written policy, and the purpose of that surveillance has been explained
• policies have been drawn up in consultation with staff and with the union if recognised
• the employer only uses the results for the stated purpose and not any other purpose, for example, if a hidden camera is used to detect theft or fraud but instead reveals poor performance or misconduct, the results of the covert surveillance should not be used in a disciplinary action over these minor issues
• the results are kept confidential, secure, and are not shared inappropriately
• the monitoring is time-limited
• its use is reactive, ie, a short-term response to legitimate suspicions of grave and serious misconduct such as theft, as opposed to being permanently installed, waiting to catch people out
• alternatives have been considered

Control social media usage through network security

There are ways to help control the usage of social media sites and, if needed, restrict or block access to certain sites.

These include using firewalls, web security tools, and ensuring you have antivirus software to detect and prevent viruses.

Read more on how to protect your business online.