Using social networking sites to vet job candidates could land employers in hot water Law Society warns
Date Published: 13-11-2009
Using social networking sites to vet job candidates could land employers in hot water Law Society warns
Employers should avoid using social networking sites including Facebook and Myspace to vet job candidates as it could leave them vulnerable to discrimination claims warns the Law Society.
John Morris, Chair of the Law Society’s Employment Law Committee says:
“Using these sites to canvass more information about an employee or an interview candidate is potentially risky for an employer.
“For example, it is possible to obtain information about a person’s sexual orientation or religious beliefs that can impact or is perceived to impact on the decision made to recruit or not recruit that person- this can lead to discrimination claims.”
The advice comes as part of the Law Society’s nationwide information campaign advising consumers to go to a solicitor for much needed legal advice, The campaign takes a Beatles theme with the strap-line ‘Help, I need somebody’. It is currently featuring in the print media and on posters in more than 200 stations.
The Employment Practices Data Protection Code states that an employer should only use vetting where there are particular and significant risks involved to the employer, clients, customers or others, such as working with children or vulnerable people. However employers should not place reliance on information collected from social networking sites as it is potentially unreliable.
Befriending risk
Employees should also be aware of potential problems from ‘befriending’ their employers on these sites and should choose to have their webpage on a privacy setting where possible.
“The dismissal of employees for comments made about employers on social networking sites can also lead to unfair dismissal claims,” adds John Morris. “However, an employer may be able to defend themselves against such a claim if they can show the dismissal was a reasonable response to the conduct of the employee.”
Ends
Notes to editors
Earlier this year a British woman was sacked from her job after she posted an expletive-filled tirade against her boss on Facebook. Previously, thirteen cabin crew from a major British airline faced disciplinary action after calling passengers ‘chavs’ on a social networking site.
Recently, a sixteen year old in a new job posted messages about how “dull” and “boring” it was, while a young man who, having posted details of his previous night’s activities, went on to explain that he was today “pulling a sickie” from work. Both were dismissed.
To find an employment law specialist in your area, call the Law Society on 0870 606 2555 or visit the Law Society website at www.lawsociety.org.uk and click on the ‘find a solicitor’ link.
Contact the Law Society Press Office on 020 7316 5624
