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Using social media at work in the public sector is a risk – but the benefits are too great to ignore. Photograph: Jonathan Hordle/Rex Features
Using social media at work in the public sector is a risk – but the benefits are too great to ignore. Photograph: Jonathan Hordle/Rex Features

Think before you tweet: a lawyers’ guide to using social media at work

This article is more than 9 years old

From breaches of confidentiality to airing workplace grievances, here’s what public servants should avoid online

The civil servant dismissed for posting offensive comments on Wikipedia about the Hillsborough disaster serves as a reminder that social media is now inextricably linked to the workplace – and for many the line between personal and professional no longer exists.

The benefits of social media are too great for the public sector to ignore, and many public servants already use it in their working lives. Indeed, many councils and government departments see it as a powerful tool to engage with the community, voters and employees. There are many risks to open discussion on the internet but, with an awareness of the common pitfalls and workplace boundaries, social media need not be a minefield. Here are the things to avoid.

Breaches of confidentiality

Public sector employees – who often have access to an enormous amount of sensitive data – sometimes fail to understand what information is confidential and what can be shared publicly. When you use social media in your private life, where does your obligation to your employer end and where does your private life begin? Many people can’t see the distinction, or fail to appreciate it; this is an area where many social media users fall down.

Inappropriate comments

Content posted online – even in a personal capacity – can impact on the employer and relationships with colleagues. If it upsets another employee, causes the council or department reputational damage, or leaks confidential information, disciplinary action could be justified. Caution should be exercised even when expressing personal views – especially from a government network computer, as was the case for the dismissed civil servant mentioned above.

Overstepping boundaries

Outlining very clear expectations about social media use benefits everyone. A robust social media policy that sets out clear parameters should be put in place, and communicated to all members of staff. This policy should be explicit about the potential disciplinary consequences of inappropriate online activity. Inductions is a good opportunity to have a two-sided discussion about what is acceptable. Employees should also be proactive in requesting training if they need it.

Airing grievances online

Social media-related misconduct can be treated like any other misconduct. There are numerous cases where tribunals have found that employees were fairly dismissed for misusing social media, including writing inappropriate or offensive Facebook posts. For example, a tribunal ruled in favour of Apple after the company sacked an employee who had made comments about his work and Apple products on Facebook. The tribunal recognised the importance of Apple’s brand image and reputation.

Social media sites are not places where work-related grievances should be aired: this behaviour could be construed as misconduct. Problems should be raised through the normal channels, so they can be dealt with formally and remain as confidential as possible.

Cyber bullying

Cyber bullying must also be dealt with directly, and clear boundaries should be put in place. Every local authority or government department’s bullying and harassment policy should reference online activity, and social media and disciplinary policies should link in with this. The rules should be well publicised to all public servants: everyone needs to be aware that derogatory comments made about a co-worker will be classed as bullying and harassment, even if made outside of work hours, premises and computer systems.

Hasty online posts

Take a moment to consider what you are posting online before doing it. Once it is posted, it is in the public domain with the potential to reach a wide audience in seconds. Familiarise yourself with your employer’s expectations and think before you tweet.

Imogen Reseigh is an associate and Nicola Ihnatowicz is a partner at law firm Trowers & Hamlins

This is part of our social media week, from 23 to 29 November. We will have lots of content about the challenges and benefits of using social networks at work in the public sector, as well as tips to get started and get ahead. Join the debate via @Guardianpublic

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