Social media posts

The media has covered situations where individuals have been disciplined, or had offers of employment withdrawn, as a result of posts they put on social media.  This was because posts in question were deemed to be ‘unacceptable’ to their employer or potential employer.

But, the posts were made from personal accounts, so why did these organisations take this action?  Surely it’s none of their business what an individual posts on social media. Especially if the post was private or there was no mention of the organisation in their profile or the post?

When does it matter?

Even if a post is from a personal account, the key consideration is whether it can be linked to their employment.  Or if it could damage the organisation’s reputation.  This issue needs to be considered properly and fully before action is taken.  Of course a post by an employee or applicant may not put your organisation in a particularly positive light. But it’s important not to take a disproportionate view of the damage or potential damage to its reputation.  The facts should be considered carefully, including:

  • The employee’s role and seniority
  • The nature of the social media post
  • Whether the damage to reputation is actual or potential and if it’s a genuine risk
  • Whether the employee has received a previous warning for similar conduct
  • Whether the employee expressed regret at their actions?
  • Are there any other mitigating factors to consider?

Organisations should ensure clear information and training is given to employees about the importance of the corporate reputation and image. There should also be a clear policy about the organisation’s expectations about employees’ use of social media.  It’s also important to have clear policies on equality, diversity and inclusion and conduct training in this area.  That way the organisation can demonstrate the their stance in these areas, and therefore how the employee’s actions are a direct breach.  A clear disciplinary policy and procedure is also important, ensuring it includes the types of behaviour and conduct that will be regarded as serious, or gross misconduct.

Rights of the parties

Obviously, individuals have rights under the Human Rights Act 1998, and the GDPR Data Protection Act 2018, so monitoring social media needs to be done with care, to avoid breaching these rights.  It requires a very careful balancing act to make sure the rights of both parties are protected.  Not easy.

When it comes to monitoring social media, it’s always best to have a very clear policy about social media and data protection, privacy and monitoring.  Equally important is ensuring these policies are within the principle of fair, lawful and transparent processing of personal data.  Generally, the most usual grounds for monitoring this activity will be legitimate interests. But again, this needs to be balanced against the individual’s rights and freedoms.  If the social media account is private, and there was an expectation it would remain so, then potentially the individual’s rights would override the organisation’s legitimate interests in monitoring that activity.

The organisation would need to articulate the purpose of the monitoring. For example, if it were to prevent sexual harassment, or ‘hate speech’, this might provide a legitimate reason.  A stronger argument might be reputation protection of the business, and minimising vicarious liability for the acts of an individual.  If the individual doesn’t have a private account and states the name of their employer on their profile, a clear connection can be made. If the named organisation were seen to tolerate posts of a discriminatory nature the reputational damage would be difficult to deny.

How do you deal with it?

If an employee puts a post on social media that is contrary to their aim to eliminate discrimination and hate speech, or which detrimentally impacts the organisation’s reputation, it should be treated as any disciplinary would.  The disciplinary policy should be followed as with any disciplinary issue.  The investigation and consideration of all the facts and impact on the organisation should be thorough. Any investigation conducted should be undertaken by someone other than the employee’s manager, or the person who will make the ultimate disciplinary decision.  Any action you take must be done within the ACAS Code of Practice for disciplinary and grievances.  Regardless of the severity of the alleged offence, employers should not dismiss an employee without following a fair process.

If one of your employees has made social media posts of concern, and you’d like advice, get in touch.

Keep it civil

Rudeness at work seems to be on the rise. In a survey by Professors Porath and Pearson, 40% of respondents said they had ‘no time to be nice’ and 25% said they were rude because their bosses behaved that way. We live in a busy world and people have many demands on their time. That’s not news, but in the words of Harry Hart (quoting William Horman) in Kingsman: The Secret Service, “manners maketh man”. Something has obviously gone wrong. Is politeness a thing of the past?

What’s the impact of rudeness?

There’s a great opportunity for business leaders and senior managers to have a positive impact on this issue, and ensure everyone in their business is treated respectfully as a result. 48% of employees on the receiving end of rudeness intentionally decreased their work effort and 47% intentionally decreased the quality of their work. Rudeness at work causes commitment to decline, turnover to increase, productivity to plummet and recruitment costs to increase. By creating a polite and respectful workplace, commitment and productivity will increase and your turnover and recruitment costs will decrease, because you’ll be able to attract and retain the best talent.

What can you do?

Small changes can make a big difference, so here are our top tips for creating a respectful workplace.

  • Be friendly, greet people warmly, say ‘thank you’ and ‘you’re welcome’.
  • Give 100% of your attention in meetings. Put your phone down and engage in the matter at hand. The meeting will probably be shorter and more focussed as a result.
  • Listen to your team members’ thoughts and ideas – they may be on to something.
  • Make it clear that rudeness won’t be tolerated and there are no excuses for it. If you make politeness part of day to day interactions, it will be contagious, so the impact could be huge.
  • If you see rudeness, address it directly, and encourage employees to report any incidents to their line manager.
  • Establish a staff forum where employees can share concerns with a nominated senior team member and discuss how the concerns could be addressed.
  • Hire and retain employees who exhibit the ‘right’ behaviours.
  • Lead by example, regardless of who you’re talking to and your own stress levels.
  • Carry out exit interviews to find out what employees really think.
  • Train and coach line managers in respectful people management practices.

If you’re concerned about behaviours in your company and want to discuss ideas on how to address it, get in touch.

Celebration season

I’ve lost count of the number of advertisements I’ve seen for Christmas parties recently, aimed at both families and companies. It’s time to get that work Christmas party venue booked and make plans for the entertainment and catering!

Health Warning!

It’s easy to forget about the potential pitfalls of a work Christmas party. If you provide employees with an unending supply of alcoholic beverages the party can take a turn for the worse.

The case involving Northampton Recruitment Limited from 2011 is still going through the Court of Appeal almost 7 years later. It serves as a stark reminder that sometimes alcohol combined with a work social event can result in problems for employers. It can result in minor indiscretions and over exuberance which is not entirely unexpected. But in a (hopefully) small number of cases, it can result in behaviour which is career-limiting, or worse.

Tips for success

Each year a large number of articles are written about the perils of office parties. They offer advice to employers on how to make sure the celebrations go smoothly.

Our 5 top tips are:

  • Make sure employees know that office parties are an extension of work.  Even if the party is off-site and after normal working hours everyone should behave professionally. It IS possible to have fun AND remain professional at the same time.
  • Consider how people will get home late at night.  Ensure you communicate the parameters before the event, for example if and when it’s acceptable to take a taxi home.
  • Try to limit the amount of free alcohol available, and include non-alcoholic drinks. With the best will in the world, some people just don’t have the self-control to turn down free drinks.  Don’t make it too easy for employees to over-indulge.
  • When planning the party, include an activity for employees to engage in. It could provide a team-building opportunity, as well as a distraction from continuous drinking and ensures the event caters for those who don’t drink alcohol.
  • Ensure the senior team lead by example, take responsibility and monitor employee behaviour. That way they can address any issues before they get out of hand.

Following these top tips should ensure a good-time is had by all. If you’re lucky, no-one will be dreading returning to work the morning after – although I make no promises on that front!

If you’re worried about your Company’s Christmas party, or need any advice in dealing with the aftermath of a Company social event of any kind, please do get in touch.

Difficult conversations

Anyone who has ever line managed will undoubtedly have had that sinking feeling at some point, knowing that they need to address some kind of problem with the performance or conduct of one of their team. All line managers should feel reassured that they are not alone in feeling this way.

The good times

When everything is going well, and your team are performing and behaving as you want them to, being a people manager is fantastic. You see great results through your people, and that reflects positively on you. Your bosses think you’re doing a great job and all is right with the world.

The harder times

Unfortunately this perfect world is very unusual, certainly in the long term, and there will be times when you have to address a problem directly with one of your team members. Whether it’s an issue with their performance or their behaviour, no-one looks forward to having a conversation about these issues and addressing it head-on. But it really is the best way to make a change for the better.

Top tips

Here are some top tips for preparing for, and having those dreaded conversations:

  • Don’t wait.  If something has gone wrong, address it privately at the first opportunity you have. Don’t wait for the next 1-1 in a month’s time and don’t address it publicly in the open office.
  • Prepare.  Make notes and identify the problem. Be specific and note exactly what went wrong and what you expected. Be prepared to share this information with the individual.
  • Have a conversation.  Everyone has a different perspective on any situation, so allow the individual the opportunity to give their view of the situation.
  • Keep it objective.  Keep it factual, balanced, constructive and objective and try to make sure that it doesn’t get personal, or heated.
  • Check for understanding.  Seek confirmation that they understand why it was a problem, by asking questions such as ‘Can you understand why this wasn’t appropriate?’ and ‘What do you think you could have done differently?’ Probe them if you feel they don’t fully accept that there was an issue, or take responsibility.
  • Follow-up.  Tell the individual that you will forward them a summary of what you’ve discussed, so that they can have a record of your expectations. It’s not a formal warning, just provided to support their learning and development.
The benefits

As managers and business leaders, if you address problems in your teams directly, you can ensure that all your team are contributing to the success of your business. One underperforming team member can do damage to your business success and potentially your brand. By ‘nipping it in the bud’ in a constructive way, you will avoid situations developing and taking a downward spiral. The longer performance or conduct issues go unchecked, the harder it is to address successfully. There’s also more chance of the wider team becoming unhappy.

If you or your management team need support in addressing difficult situations, HelpfulHR can definitely help – whatever the issue. Get in touch, and let’s get them back on track.

Love is in the Air

Valentine’s Day is less than a month away, so our thoughts are turning to ‘romance at work’ and the questions that subject raises. During a working week we spend up to half of our waking time with our work colleagues, so it’s not surprising that close friendships and romantic relationships form.

We all know people in long-term relationships with partners they met at work. Whilst personal relationships can cause issues, it’s probably unrealistic to ban personal relationships at work. If you introduce a ban, it would inevitably force budding romances and friendships to become covert. This would lead to an environment of mistrust, deception and fear. However it would be unwise to stay silent on how you deal with relationships as an employer. So, what is the best way to approach them?

Developing a policy

Here are 6 top tips for a developing a policy:

  • Be Realistic. Focus on transparency and create a working environment where your employees can be open with you.
  • Be Specific. Define the point employees need to declare a relationship beyond that of a good working relationship – be it a close friendship or a romantic relationship.
  • Be Cautious. Include clients, suppliers and customers in the policy.
  • Be Fair. Ensure you are clear about the possible outcomes of declaring a relationship. For example in a management relationship, allow for a change to reporting lines.
  • Be Professional. Clearly communicate expectations about professional conduct, i.e. public displays of affection and favouritism.
  • Be Prepared. Accept that sometimes relationships don’t work out, and this too will need to be managed appropriately.

Following these top tips will ensure your policy is realistic and practical, and will ensure your business isn’t compromised by relationships at work.

So, while things can go wrong and issues may arise, having a clear policy will make it easier to take a fair and consistent approach, with the least disruption to your business.

If you would like help developing a policy about managing personal relationships at work, please get in touch.