How much can I reveal about myself on LinkedIn?

Published: Financial Times | 26 January 2012

Adrian Hoggarth, Head of Employment, responds to a reader’s concern on their employment and the use of social media. The reader’s concern stems from news of an employee claiming he was ousted by his employer for activity on the social media network LinkedIn. The reader asks where they stand in terms of their employment and the usage social media?

Adrian Hoggarth comments that he is not surprised that a dispute over the use of LinkedIn had found its way to an employment tribunal. ‘The use of social media has exploded, and its benefits and dangers are insufficiently understood.’

He then gives a brief description of the constructive dismissal case, where a human resources executive claims to have been forced out of his job for including his CV on LinkedIn before commenting on the reader’s concern.

Adrian says: ‘It is accepted practice that employees look elsewhere for jobs. Employers would be foolish if they expected otherwise - how else would they recruit? The problem in this case is that the boundaries of work and personal life have been blurred by the social media phenomenon. Employees enjoy human rights and privacy freedoms in the workplace. The European Court of Human Rights has confirmed that the right to privacy and private life in the workplace includes social interaction and a right to develop relationships. Social media allows this regulation of social media is therefore subject to those rules. A key issue with social media is lack of understanding. Most social media sites allow unrestricted access. If you would be embarrassed if your boss knew about something, don’t post it on a social media site. Similarly, if you want to let off steam about your employer, don’t do it on a forum that could reach anyone in the world’.

Adrian warns that whilst social media sites are very liberating, individuals feel uninhabited, but the sites are very open.

To avoid social media issues, Adrian advises that companies should have a social media policy in place so employees understand the boundaries and employers set those boundaries and then act fairly. Adrian says that most claims for unfair dismissal are won and lost on the clarity of the employer’s social media policy. ‘In a developing area such as this, whether an employer has acted fairly will often come down to what the employee understands they are permitted to do, which is evidenced by the policies’.

Adrian concludes his response by saying that employers should embrace the positive aspects of social media, making it a positive tool for corporate activity.

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