The Gay UK November 2015 Issue 16 | Page 98

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