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Social Media & Employment Guidelines


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We are, unsurprisingly as their usage getting a lot of employment problems regarding social media such as Facebook, so I was wondering if we could maybe put together a little stickied guide on the do's and don'ts?

 

My thoughts, based on how I use FB for example would be:

 

Put your Privacy Settings on Maximum.

 

That includes setting it so that your profile does not display in searched by your name or email address.

 

No matter how well you feel you get on, no matter how long you have worked alongside people, do not add them to your Facebook friends list. Especially don't add Managers :-D

 

Don't add the company you are currently working for to your profile, just in case that gives them a way to get even a glimpse of your profile.

 

I have created an album with several screenshots to show what maximum privacy settings look like

 

http://s107.photobucket.com/albums/m309/prw2005/Facebook%20Screenshots/

 

Just to add, this is what my Profile looks like to a non friend - as you can see, my wall, interests, photo's, everything is blank, not even my friends list appears, there is literally nothing to identify who I am, especially as I have an extremely common name, and don't use my middle name on FB :-D

 

Basically all anyone who is not on my friends list can discern (and remember my profile has been set so I do not show up in name OR email addresses) so they wont even find the profile anyway, is that I am Male! Thats it. Thats all your employer should see too.

 

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Edited by caledfwlch

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Sound advice, unfortunately by the time people get to here its sometimes too late!

I am not a legal professional or adviser, I am however a Law Student and very well versed areas of Employment Law. Anything I write here is purely from my own experiences! If I help, then click the star to add to my reputation :)

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Also, don't make wall posts about work, ever. Just. Don't. Do. It. You might think it's funny at the time, but when someone has screen-capped it and sent it to the MD, the amusement wears off pretty quickly.

 

Before you post anything, think about how it "sounds" in type versus how it sounds when you say it out loud. When you're using social media, the person on the receiving end doesn't have the benefit of your facial expression, body language or tone of voice. What might be funny and lighthearted in person can seem distinctly different when it's in writing.

 

Most of all, remember once you've put something on a SM profile, it can be recoverable even if you delete it, not least because some people will quite happily screen cap and save questionable postings (and believe me, this does happen). There is very little chance of denying or mitigating down something that you've put in writing!

 

In 20 years of working life, I have never known any one factor to generate as many warnings, grievances, disciplinary meetings and actual sackings as social media.

"Then they came for me--and there was no one left to speak for me". Martin Niemöller

 

"A vital ingredient of success is not knowing that what you're attempting can't be done. A person ignorant of the possibility of failure can be a half-brick in the path of the bicycle of history". - Terry Pratchett

 

If I've been helpful, please click my star. :oops:

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Good resource.Will make this a stickie.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Oh yes...I know this might seem obvious, but if you DO decide to add work colleagues, don't go within 10 feet of a keyboard if you've had a couple of drinks. I've seen this cause a variety of trouble from a message intended for a spouse being sent to the wrong person (!), to allegations of alcoholism. :|

"Then they came for me--and there was no one left to speak for me". Martin Niemöller

 

"A vital ingredient of success is not knowing that what you're attempting can't be done. A person ignorant of the possibility of failure can be a half-brick in the path of the bicycle of history". - Terry Pratchett

 

If I've been helpful, please click my star. :oops:

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  • 2 months later...

This sound really wise on the one hand, however I am wondering whether it makes any sense at all to be on there then, if no one can find me etc.

 

Would it not be just easier to not have a profile at all?

 

I also have a question.

 

My employer asked a few of us to become community managers and so I now have two profiles, both with the same photos, one is my own and the other is an upgraded account that is paid for by the company.

 

My job with relation to this was to collect contacts that are relevant to my job and the business.

 

I have now handed in my notice and would like them to remove that profile as I will not be working there any longer.

 

Does anyone know what are the legal requirements for them to remove my profile and stop using my name and photo please?

 

As far as I am aware the company does not have a social media policy for employees, as such so it was dealt with on a more ad hoc basis.

 

Any advice would be much appreciated.

 

Thank you.

 

Mariann

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Hello,this should be relatively straightforward.

Simply advise them that you remove all permissions and will rely on the Data Protection Act for their compliance.

You can do this by writing a formal letter,or else serving them a section 10 notice under the DPA.

There is a template of this in the CAG library.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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  • 1 month later...

Hi All

 

Can't find the letter in the library and the company I used to work for is still using my name and photo.

 

Could someone tell me which letter to send please

 

Many thanks,

 

Mariann

 

Hello,this should be relatively straightforward.

Simply advise them that you remove all permissions and will rely on the Data Protection Act for their compliance.

You can do this by writing a formal letter,or else serving them a section 10 notice under the DPA.

There is a template of this in the CAG library.

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  • 3 months later...

A word of warning, my facebook privacy settings were set to private. I worked for a well known charitable advice agency, and after 7 months was pulled into a disciplinary, and shown a snapshot of my wall, where there was an article on the BBC posted about the lifting of regulations for EU nationals from certain countries allowing them to have access to public funds. I must have liked it on the BBC page, and it showed up on my wall that morning along with the comments left on the BBC website from others. The correct procedure was not followed with the meeting, ie I was just told to bob in for a chat a few seconds before, was not warned beforehand etc. I didnt even have my glasses so couldnt see the article properly. I have done employment law at Uni, and knew that this was wrong. I denied having any racist feelings, but the HR accused me as such. Made me make a statement where I denied putting it on my wall, and when I told her my wall was private anyway she showed me on her wall how she had accessed the information, A snapshot appears when you access through a mutual friend! This was a clear invasion of my privacy and I have made numerous complaints to the head of the charity itself, as my work record was more than impeccable. We were facing redundancies next month, and I believe it was a ploy to get rid of me with no notice.

 

I submitted evidence that facebook can post on your behalf, when you like an article, and also that the privacy settings were set to private, but I was told by my boss, I had to resign or face a second interview the next day where the likelihood was that I would be fired for gross misconduct for being racist. All totally wrong from an organisation that advises others every day on employment rights!

 

I couldnt afford to have this on my record as I am newly qualified,and have just spend years getting my law degree after my divorce. I did not want to jeopardise my work record, and after getting upset resigned. I did not sign the letter, and my immediate bosses told me their hands were tied by the HR dept, who they outsource to. I have retained a good reference.

 

I am currently trying to get some pro bono assistance to help me take this further, as I hadnt been there 2 years I have no claim in the Emp Tribunal, unless they will bend and allow it under the Equality Act, however I possibly do have one against the government because they failed to give me adequate protection against freedom of expressing my political views in an ET court after a recent ruling said that article 11 covers freedom of political expression as well as religious. Just need help as its out of my league as an advisor..

So be careful what you put on your wall and NEVER trust work colleagues as they may be your friends, but when push comes to shove and they are faced with them or us situation in redundancy they may choose to cover their own backs and stab you in yours!

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There is more than one FB privacy setting and it sounds like yours is set to "friends of friends."

Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

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It says only friends on the privacy settings, Ive since checked it again, its definately friends. Yet the print out says 2 mutual friends, on the side and it gives a snapshot of the last few posts and details of me, that should have been private. Just want to warn others to be careful, apparently its the biggest area of reasons for misconduct at the moment, and with the new employment laws last year, anyone with less than 2 years service from April 12 cannot raise a claim in the Employment Tribunals, unless its covered under special circs..

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There is no such thing as privacy - anywhere - on the internet. You must always consider that ANYTHING, even if made behind the mask of a privacy setting on Facebook, can potentially be seen by anybody. A 'friend' can easily re-post something that you have written, or systems to provide privacy can break down or otherwise be breached. If the employer becomes aware of it, then they can act. It's not always fair, but is a fact of life today that one should always consider whether anything written on a page, blog, forum etc could be seen as detrimental to an employer, colleague or organisation, or call into question one's personal integrity.

 

Having said that - I think your employer grossly over reacted!

Any advice given is done so on the assumption that recipients will also take professional advice where appropriate.

 

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  • 9 months later...

just a little update on this, tribunal has been set for a 3 day hearing against CAB my previous employer. It turned out to be a ruse to stop me becoming employment rep, they dug around and "discovered" a news article they didnt like. It is also a breach of your political expression if the comment is political in anyway and it happens after June this year. We have a good strong case, so if anyone does have this happen dont give up and fight them if you can..

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