Social media - your responsibility as salon owner

As mobile devices make social media sites accessible at any time, controlling usage of the likes of Facebook and Twitter becomes increasingly difficult. For salons there are potential problems if staff are regularly using social media while at work – and at home. Another issue is the danger of defamation – making adverse comments about the business could be hugely damaging to its reputation. Added to that is the possibility that careless comments may infringe the privacy of clients. A further potential area for trouble is that derogatory chat about a work colleague could end up being subject to a constructive dismissal or discrimination claim by the member of staff affected. The potential for misuse of the channel by salon staff cannot be overstated. As an employer you need to be well prepared to deal with inappropriate use of social media by employees. As with many things, the best approach is to take action before the problem arises. So what should you do if you find your staff are using social media at work, or even at home, and it has an impact on the salon? Problems and disciplinary action Where you are faced with potential defamation your first response should be to ask the individual who posted the information to remove the content. Where this fails, you should contact the social networking site directly and request that they remove the defamatory content. If the problem still persists you need to consider whether to pursue the matter in the courts. The key to being able to take effective action against an offending employee is having in place well drafted policies. It is important that staff understand that they should conduct themselves appropriately at all times. An outright ban? A complete ban on all types of social media for employees is simply not realistic so salons should decide whether to allow access to social networking sites during working hours, whether via company computers and devices or personal mobile. If staff have access to work computers, then personal use may be allowed during lunch hour or breaks. If use of a particular site is banned then this must be made clear in your internet policy - together with the consequences of using the site. If you intend to randomly monitor internet usage on work computers then again it is essential that you make this clear in that policy. Social media usage out of working hours A well-drafted policy can help by addressing the use of social networking sites or blogs out of hours and making staff understand that when they post content on the internet that could identify them or the salon, they should do so in a manner that is consistent with their contract of employment. Staff should be made aware that if their out-of-work activity causes potential embarrassment, or detrimentally affects the salon’s reputation, you may take disciplinary action and the employee may be dismissed. Well-defined internet, email and social media policies which cover usage both in and outside of the workplace, whether or not on an employer’s equipment are key. Such policies should outline what disciplinary action may be taken. It is important that the policy establishes a fair and proportionate process for monitoring online activity and that staff are aware of this. Once established, you must ensure the policy is clearly followed and enforced. It should be made available to all staff and appropriate disciplinary action, in accordance with the policy, should be taken in the event of its breach. Lastly, your policies must be made known and readily available to all staff; the staff handbook is the ideal place to refer to them. Jon Smart is Head of Care at Freeths LLP.