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My Space: Your BusinessBirketts’ Employment Team
Catherine Johnson – Associate
Lisa Hayward - Senior Solicitor
•Birketts LLP Employment Law Team
•Early Birds
•Case Updates
•The “Main Event”
Introduction
What is social networking?
Examples of social networking sites:
• MySpace
• Bebo
Have I got News For You
"It's s***. All I do is shred, hole punch and scan paper."
Kimberley Swann (16)
Ivell Marketing and Logistics
Have I got News For You
"'Would you like a bag for life?',
and the customer replied 'Ahhh no, I think I can fit it all in here',
'...they are free tonight',
'Ohhhhh go on then I'll have two!'"
Cheap little b******s.“
Marks and Spencer
Have I got News For You
Which company’s employees rate their client’s as:
“Smelly and Annoying”?
“Chavs”
Have I got News For You
Can you name this fast food restaurant?
KFC – employees not so “finger lickin’ good”
The Generation Game
To Ban or Embrace
• Ban
• Restrict personal use to employee’s own time
• Bank of PC’s to use for personal access
• Free access at all times
• Managing use outside of work
How and why to embrace
• Simple, interactive, cost effective
• Marketing your business and brand
• Communicate with your clients/customers the same way you communicate with each other
Ecademy survey
“Over a fifth of respondents claimed to get between 10% and 50% of their new business from online business networking”
“67% planning to spend more time on social media sites in the future”
How and Why to Embrace
• Effective tool to organise and participate in networking groups
Trends in the Market
• Unique visitors to social
networking sites in June
2008 represented
approximately 2/3 of the
worlds internet audience
• Viral marketing
• Virtual meetings/conferencing
Employers Use of Networking Sites
• Applicant vetting
Employers use of Networking Sites
• Evidence for disciplinary proceedings
From: Kyle DoyleSent: Wednesday, 27 August 2008 9:43 a.m.To: Niresh RegmiSubject: RE: Absence on Thursday 21st 2008Hi Niresh,My leave was due to medical reasons, so you cannot deny leave based on a line manager’sdiscretion, with no proof, please process leave as requested.Thanks and Regards,Kyle Doyle
From: Niresh RegmiSent: Wednesday, 27 August 2008 9:50 a.m.To: Kyle DoyleSubject: RE: Absence on Thursday 21st 2008Hi Kyle,I believe the proof that you are after is below…
Employers Use of Social Networking Sites
Risks and Liability
• Vicarious Liability – discrimination and harassment
• Reputation – impact on business – defamation – brand damage
Risks and Liability
• Productivity
• IT Issues – risks of viruses/security
• Confidentiality
• IPR infringement
Legal Parameters
• Data Protection Act
• Human Rights Act
• Regulatory of Investigatory Powers Act
• Telecommunications Regulations
• All strands of discrimination
• Whistle blowing
• Unfair dismissal
Best Practice
• Policy
– Key terms
– Communication and acceptance
– Training
– Culture
Website Details
• www.facebook.com
• www.bebo.com
• www.myspace.com
• www.linkedin.com
• www.ecademy.com
• www.friendsinbusinessuk.ning.com
Catherine JohnsonAssociate
[email protected] 299174
Lisa HaywardSenior Solicitor
[email protected] 406316