LEGAL CLINIC
If you are on social media,
then you may be aware of the
controversy surrounding
Facebook’s new
‘authenticity’ policy, which
requires users to use their
legal identity rather than a
pseudonym.
This policy has been met
with resistance from LGBT
groups who are concerned
they may be ‘outed’ to any
member of the public.
Further, it means employers,
clients and customers can
see what you did this
weekend.
Zee Hussain, Employment
Partner at Colemans-ctts (a
trading style of Simpson
Millar), provides an overview
of your rights and provides
guidance to ensure your
professional and private lives
remain separate.
Be aware of how to
manage your settings.
On most social media
platforms, you can choose
what information can be
displayed to the public,
which extends to
photographs, status updates
and personal information.
Facebook will allow you to
put friends into groups with
differing levels of privacy.
Check the privacy policies
concerned and adjust
accordingly.
98 THEGAYUK | ISSUE 16 | NOV 2015
Know your own rights.
Whilst it is not unlawful for
employers to search your
social media profile, it is
unlawful for them to
discriminate against you due
to a protected characteristic,
such as your sexuality,
gender, race, religion or
disability. Therefore, if it is
clear from your profile that
you have a same-sex partner
and the employer uses this
as a reason to reject your job
application, then this may
mean you can make a claim
under the Equality Act 2010.
Employers that conduct
searches can use external
agencies to ensure they do
not fall foul of the law. You
are entitled to request a copy
of any information that may
be held on you under the
Data Protection Act 1996.
Make sure you know
your employers social
media policy.
Different employers have a
different approach to social
media. Some will allow you
to access your social media
during work-time, some
won’t. There may well be
guidelines you are expected
to follow to ensure your
employers, and your own
reputation, remain in tact.
Don’t name and shame
your clients.
In the case of Preece –v- JS
Wetherspoons, Ms Preece
was a manager of a pub and
had to bar an elderly and
abusive couple one evening.
She then went onto name
and shame the couple and
their antics to her Facebook
friends, which unfortunately
included the couple’s
daughter. The tribunal found
that the employer was
justified in dismissing Ms
Preece despite her many
years of service.
Watch your (virtual)
mouth.
Even years later, ranting on
about how unreasonable
your boss has been, how you
are sick of your job, or even
that you are hungover at
work can come back to haunt
you. In British Waterways
Board v Smith, Mr Smith
had posted numerous status
updates which made
derogatory comments about
his work and indicated he
had been enjoying a cheeky
beer whilst on standby.
Whilst there were no
immediate consequences, Mr
Smith was dismissed
following an investigation
some two years later.
Got a legal
question
then get in touch
and let the legal
team help you.
TheGayUK.com/
TheLegalClinic