Social media and the workplace

So you've been publicly shamed

In his new book 'So you've been publicly shamed' Jon Ronson meets a number of individuals who have had their lives ruined by a misjudged comment or joke on twitter or facebook. Among the victims of 'trial by twitter' is Lindsey Stone a woman who posted an ill judged photograph of herself on holiday and due to violent outpourings from social media followers loses her job and is unable to leave her house for a year. We meet Justine Sacco who made an offensive 'joke' on twitter and as a result received death threats and lost her job after a kangaroo court of twitter followers called for her to be fired.  While it could be argued that  Justine and Lindsey contributed to their own downfall by publishing comments/photographs  that were likely to offend large numbers of people, it is difficult not to feel sorry for Hank who lost his job after a private joke he made to a friend was posted on twitter without his knowledge.

Ronson has produced a fascinating book which raises a lot of questions about the role of  social media in the work-place. For one thing, it is interesting to note that Hank, Justine and Lindsey are all American.  While it could be argued that Justine's behaviour constituted gross misconduct and potentially brought her workplace into disrepute, it is difficult to see how Hank's mildly off colour private joke or Lindsey's photograph constituted gross misconduct.  In the UK and Ireland, employees are protected by the unfair dismissals act.  In order for a dismissal to be deemed fair the courts like to see that the employee has undergone a fair procedure and that the dismissal is proportionate to the misconduct.

What can Irish employers do if an employee transgresses on social media?
What can employers do if an employee behaves in an inappropriate way on social media such as bullying or harassing colleagues or speaking in an inappropriate way about the company?

• Ensure that they have a social media policy in place.  The policy should be robust and updated regularly as new technologies and sites come to the fore. 
• Employer's should note that they may be vicariously responsible for the behaviour of their employee even if it is after office hours and the employee is away from the office.
• The policy should cover use of social media during workplace, acceptable behaviour on social media sites and the disciplinary procedures if an employee misbehaves online. 
• If the organisation uses social media for business include the business objectives of social media and the intellectual property rights of the organisation.  
•  For advice on how to create a social media policy go to http://www.acas.org.uk/index.aspx?articleid=3381
• The policy should be communicated to all staff and employees should be trained on the social media policy.
• The policy should be  communicated to new recruits during induction training.

What can employees do to protect themselves on social media?

In Jobvite's social media recruitment survey 2014 over 90% of recruiters admitted to vetting the candidates social media profile before hiring the candidate.  Interestingly 55% of employers changed their mind about hiring a candidate based on their social media profile.  Of those 55%, 61% decided not to hire the candidate and 39% decided to hire the candidate. Therefore it is very important for job seekers to be mindful of the impression they are creating online.

• Check your privacy settings and avoid posting about illegal drugs, alcohol or guns as recruiters tend to see these posts in a negative light.
• Avoid using bad language and check your spelling and grammar.
• Think before you tweet.  Be respectful of colleagues, clients, your current workplace and your past employer.
• Using social media can be a great way to get the attention of a potential employer.  Over 90% of recruiters use social media as a recruitment tool.  Potential candidates need to pay attention to their social media profile.
• Remember that social media is not private.  Posts can be shared without your knowledge.

Click here to look at the 2014 social media recruitment survey https://www.jobvite.com/wp-content/uploads/2014/10/Jobvite_SocialRecruiting_Survey2014.pdf

 Title: 'So you've been publicly shamed'

Author: Jon Ronson

Pages: 304

Pub Date: 09/03/2015

Publisher: Pan Macmillan

ISBN: 9781447229797

Price: 22.55

Employment Equality Act to be updated

The marriage referendum on May 22nd 2015 represented a watershed moment in Irish Society.  On that day over 60% of Irish voters voted in favour of same-sex marriage.  By doing so we became the first country in the world to introduce same-sex marriage by popular vote.  It was an amazing achievement for a small island nation which was once known as being ultra conservative and traditional.  Indeed until 1993 homosexuality was illegal and until 1996 it was illegal to get a divorce in this Country.  It is amazing to see how tolerant and liberal we have become in such a short period of time. 

The scenes from Dublin Castle last Saturday resembled a Mardi Gras.  Unfortunately I was unable to attend but I could get a sense of the celebration, the joy and the spirit of camaraderie from watching the news bulletins.  I can't wait for the reeling in the years episode in 10 years time when the result doesn't feel like a big deal and gay marriage is just an everyday occurrence.

 While the marriage referendum progressed the rights of LGBTQ  individuals in the private sphere unfortunately religious schools can still discriminate against LGBTQ teachers.  Under section 37.1 of the employment equality acts a school can refuse to hire or fire a teacher on the grounds that their lifestyle goes against the ethos of the school.  This clause could presumably vindicate discrimination on the grounds of  sexuality, marital status or family status.  

Click here to read the equality act http://www.irishstatutebook.ie/1998/en/act/pub/0021/print.html

Thankfully the Equality minister Aodhán Ó Ríordáin has seen the unfairness of this clause and section 37.1 of the Act  looks set to be amended by September to prevent schools having the power to discriminate against LGBTQ teachers  http://www.irishtimes.com/news/politics/equality-law-will-change-to-protect-gay-teachers-says-%C3%B3-r%C3%ADord%C3%A1in-1.2228400

http://www.independent.ie/irish-news/news/bill-to-prevent-sacking-of-gay-teachers-30938317.html

While the media in the Republic of Ireland was dominated with discussions on LGBTQ equality in the run up to the marriage referendum so to were discussions in Northern Ireland but for different reasons. On May 19th Asher's bakery in Northern Ireland was found guilty of discriminating on the grounds of sexuality when they refused to take an order for a cake supporting gay-marriage.  The bakery was fined €500 plus legal costs for the hearing. The bakery have decided to appeal the judges ruling so fingers crossed discrimination ruling will be upheld http://www.irishtimes.com/news/ireland/irish-news/ashers-bakery-to-appeal-discrimination-ruling-1.2229170 

The case sparked discussion in Northern Ireland and sparked the  DUP to propose a 'Conscience amendment bill' which would mean that retail and service providers could legally refuse  a request made by a customer if the request clashed with their religious beliefs.  For example, a bakery could refuse to bake a pro-gay marriage cake, a printers could refuse to print leaflets supporting gay marriage, a hotel could refuse a gay couple a room.  This clause is preposterous and would make a mockery of equality legislation.

Click here for the bill http://dev.mydup.com/images/uploads/publications/Freedom_of_Conscience_Consultation_Document_Final.pdf

Fortunately over a 100,000 petitioners have come out against this bill so hopefully it wont be passed http://www.belfasttelegraph.co.uk/news/northern-ireland/us-petition-against-antigay-northern-ireland-conscience-clause-bill-gets-100000-signatures-in-two-days-31021533.html

The past few months have seen much media debate on equality in the media in Northern Ireland and the republic.  The challenge for the future is to ensure that the employment equality acts are robust to do what they are intended to do- defend employees (and customers) rights on the 9 grounds.  This means that caveats and clauses which say that it is ok to discriminate at certain times and in certain situations have no place in the Acts.

Ireland has a long way to go before it is a utopia of equality and tolerance but I believe that the marriage referendum and the proposed amendment to section 37 of the Employment Equality Acts is a big leap forward.  I was heartened to see so many of my favourite shops and cafes support same-sex equality with the business for equality signs.  Here's to an Ireland which treats everybody equally.