Make social networking work for you - not against you

If the facts of this story are viewed objectively it is hard to resist the conclusion that her employer may have overreacted when deciding to dismiss her and the decision does seem rather harsh. Swann did not specifically name her employer in her post and had only sent this message to her specified ‘friends' on the site. The cynics among us will no doubt consider that the employer's decision was also influenced by the fact that Swann had not served the necessary year's service to bring a claim for unfair dismissal.

In any case, this recent story should remind employers and employees alike of the potential dangers of social networking. Employees need to be careful about what they say on these sites and think seriously about who may be able to access information that they decide to post. Kimberley Swann's case is by no means the first dismissal of this kind in the UK. Prospective employees should be well aware that many employers are now vetting job applicants by digging up any ‘digital dirt' found on popular social networking sites. Anything found could make all the difference as to whether the individual is successful with their application or not.

From the employer's perspective, profit margin and reputation is of paramount importance, particularly during the current economic turmoil. As a result of such considerations, many have banned their employees from accessing social networking sites during business hours. This is perhaps an understandable measure for employers concerned that staff are wasting company time checking their Facebook and Bebo accounts when they should be concentrating on business matters.

But a more difficult issue arises when an employer discovers an employee has posted derogatory comments about their job on one of these sites. In Swann's case, it is safe to say that if the primary concern was the company's public image, her employer took the wrong approach. The dismissal itself attracted more negative publicity than her comments ever could have. With the benefit of hindsight, it was perhaps a poor judgment call.

So can a balanced approach be reached by an employer that wishes to minimise the potential risks associated with these sites? Perhaps the answer to this question may lie in acknowledging that, like it or not, social networking is here to stay. In today's internet age, it has become an intuitive medium for people, especially the younger generation, to communicate and interact. Many employers have already accepted this fact and, instead of ‘black marking' these sites, have begun to embrace them as business development tools. Companies are increasingly using them to advertise their products or as recruitment tools. Some larger multinational companies, such as Orange, have even started using their own social networking platforms to allow their staff across the globe to share ideas and contacts.

Despite this, a fundamental question remains: if employers are to promote the use of social networking tools, how can they then prevent their abuse? In order to protect their interests, employers should make a clear distinction between corporate social networking and personal social networking in their email and IT policies.

Corporate social networking should be clearly defined in the employer's policy and could involve the promotion of company products to potential customer bases, building and sharing client contacts and the exchange of business ideas between colleagues. Policies should set down that corporate, as opposed to personal social networking, is permitted during office hours. Furthermore, in order to protect a company's reputation, email and IT policies should clearly stipulate that any derogatory remarks made against the company via social networks will be dealt with by disciplinary action, regardless of whether or not they are made in company time. If the employer then becomes aware that such a statement has been made, he or she can exercise discretion to manage the matter swiftly and discreetly.

Social networks can be dangerous in the employment arena. However, if their use is managed effectively and sensibly, they may well end up becoming a powerful and cost- effective business resource of the future.

Alan Glazer is an employment solicitor at Anderson Strathern

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