Social Media Policy

What is a Social Media policy?

A social media policy is a document that an employer uses to protect its business from the negative effects of social media arising from use by its employees.

For example, where an employee posts a tweet that causes controversy on the internet and brings attention to the employer, the employer will check whether the employer's actions violated the social media policy and if so, appropriate punishment will be issued against the employer based on what is outlined in the policy. The aim of the policy then is to make sure employees are mindful of their activity online and always think of how it can impact the employer.

What are the different policies an employer can have?

• Workplace health and safety policy: This policy sets out key information aimed at keeping employees and workers safe at work.
• Employer whistleblowing policy: This sets out how an employer will handle reporting of unsafe or illegal activities within the employer's organisation.
• Equal opportunities policy: This is a policy an employer uses to explain how it ensures equal opportunities within the workplace.
• Employer holiday policy: This policy sets out the employer's procedures in relation to staff holidays and the process for taking them.
• Employer's substance abuse policy: This policy explains how an employer will handle alcohol and substance abuse by its employees and how employees can seek help from their employer for substance abuse.
• Employer's sickness policy: This policy sets out how an employer will handle employee sickness absence, sick pay and an employee's return to work after a sickness absence.

Is it mandatory to have a Social Media Policy?

No, it is not mandatory to have a social media policy, but it is advisable to have one. This is because the current business climate requires businesses to have an online presence to build their reputation, and this reputation can be affected if the online activities of their employees are left unchecked or unregulated by the employer.

Who is affected by a Social Media Policy?

An employer's social media policy will apply to all employees and workers hired by the organisation. The employee should have an employment contract, while the worker should have a worker's agreement. The social media policy can also apply to independent contractors (e.g. under a service contract or a consultancy agreement) who are associated with the employer, however, the policy has to state that it will apply to them. Where the policy does not say so, then it will not apply to independent contractors.

The employer can be any form of business structure, such as a sole trader, a general partnership, an LLP or a company.

What has to be done once a Social Media Policy is ready?

When the social media policy is completed, it should be signed by the employer or the person with authority to sign it on behalf of the employer (e.g. the HR Manager, Personnel Director etc).

It can then be printed out and handed to the employees, or sent to them via email. The employer can also publish it in a physical employee handbook, containing the other policies, or on the employer's intranet.

Is it necessary to have witnesses for a Social Media Policy?

No, it is not necessary to have witnesses for an employer's social media policy. This is because it is not an agreement and the employee is not a party to it. It is unilaterally enforced by the employer within its organisation and can be amended without consulting the employee.

What must a Social Media Policy Contain?

A social media policy must contain:

• How social media should be used for both personal and business purposes;
• How employee social media will be monitored; and
• How employee privacy will be maintained.

Which laws are applicable to a Social Media Policy?

Employment Rights Act 1996

Equality Act 2010

Human Rights Act 1998

Data Protection Act 2018

Help from a lawyer

You can choose to consult a lawyer if you need help.

The lawyer can answer your questions or help you through the process. You will be offered this option when you complete the document.

How to modify the template?

You fill out a form. The document is created before your eyes as you respond to the questions.

At the end, you receive it in Word and PDF formats. You can modify it and reuse it.