2014-03-04

With social media always at our finger tips, it can be tempting to leap on the likes of LinkedIn or Facebook to share a news story or personal anecdote.  But we constantly see reminders of why users must tread carefully when posting – especially when those posts are work-related.

One of the latest examples comes from the food sector and relates to a Trading Standards Officer, Karen Ford of Milton Keynes Council’s Regulatory Unit.  She was suspended from her role in January, pending an investigation into comments she allegedly made on Facebook about the cases that she was involved in.  The Milton Keynes Citizen reports that Ms Ford made derogatory comments about some of those who had been successfully prosecuted, such as a posting under a news story about a conviction which read “Oo – not forgetting the £600k the latter one has to pay off as proceeds of crime. Stick that in ya Christmas stocking”.

Taking to social media to celebrate a work success is inadvisable

While wanting to celebrate a work success is entirely understandable, taking to Twitter and its likes to do so is inadvisable – especially when done in the heat of the moment.  Users should remember that they are posting to a potentially global audience, and even if they think what’s said is private, it doesn’t take long for web-based comments to be passed on. In fact, one of the first cases on that point came from a hospitality backdrop, as JD Wetherspoon dismissed an employee for her over-zealous Facebook comments about a customer – which she (wrongly) thought were shielded from view by her privacy settings.

Easy to overstep the line of what is sensible

That advice is equally true for businesses utilising the advantages of social media. Twitter and Facebook accounts are a now established, simple and cost-effective way for companies to showcase their personal side – but it can be easy to get too involved in a conversation and overstep the line of what is sensible language and content. Similarly, engaging customers in online conversations can be an effective way of dealing with queries and complaints – but getting dragged into a public argument is not the brand image anyone wants to display.

Proper staff training

Ultimately, social media is only as good as the people that use it, so making sure staff are properly trained and aware of its downsides is crucial for all catering businesses, whether they have their own social media presence or just have staff that might post in a personal capacity. And training should be allied to a strong social media policy that is regularly updated to take account of the rapidly changing legal landscape; too many policies are left neatly bound, but untouched, on a manager’s shelf.

Embrace the online world fully informed and protected

No one should be afraid of social media – its benefits are too great to ignore – but ensuring that your business embraces the online world fully informed and protected is a must. Policies don’t need to (and shouldn’t) take days to read, but they should cover things like how to respond to complaints, topics that should be steered well clear of, and what content can be lawfully posted  – as well as, of course, tips for best practice by staff that have been asked to post as part of their work.

Growing appetite to punish offending social media posts

The ramifications of an ill-advised post can be huge.  We don’t yet know whether Ms Ford did in fact post the comments that she’s alleged to have, and whether any action will be taken as a result.  But her predicament should be taken as a timely reminder regardless. An increasing body of employment claims, and the court’s growing appetite to punish offending social media posts with substantial damages awards, should be enough to make all users – employees and businesses alike – think very carefully about what might happen if they press ‘send’.

Oli Worth is a Senior Solicitor in Greenwoods Solicitors LLP’s Disputes team, with a special interest in web-based disputes and social media law. Greenwoods is a leading regional law firm, which from offices in Cambridge, London and Peterborough offers clients a full range of legal services. You can contact Oli on LinkedIn, via Twitter, or view his profile on the Greenwoods website.

The information contained in this article is intended to be a synopsis only. Before acting on it, you should take professional advice.

Written by Oli Worth, Senior Solicitor

Greenwoods Solicitors LLP

Monkstone House

City Road

Peterborough PE1 1JE

Tel: 01733 887700

Website: www.greenwoods.co.uk

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