Leading law firm Howes Percival LLP has warned businesses in the region to update their HR policies to ensure that they have clear guidelines on the use of social networking sites following the news that supermarket staff are to be investigated about insulting Facebook posts.

Social networking websites hit the headlines recently after leading supermarkets Waitrose and Tesco launched investigations into employees posting offensive comments about customers on the internet. Waitrose have begun an investigation after insulting descriptions of customers were posted on a Facebook discussion page called ‘Waitrose Isn’t a Supermarket, It’s a State of Mind’. One of the comments was contributed from a member of staff from Norfolk.

Harriet McInnes, employment lawyer at Norwich based law firm Howes Percival LLP commented, “Social networking websites such as Twitter, Facebook and MySpace are very much part of everyday life for many people and are here to stay. However, a lot of employers haven’t yet got to grips with what it all means in terms of the potential damage to the reputation of the company as well protecting customers and staff. There are a number of employment law issues that employers need to be aware of.

“If an offensive message or picture is posted by a member of staff during the course of their employment, then the company could be liable. Whether such a message is offensive to customers or to other members of staff, the company could find themselves facing claims for discrimination or even harassment, the latter of which could result in criminal sanctions.

“In order to protect against such claims, and to maintain the good reputation of the company, it is necessary for employers to have a clear internet usage policy for their employees. Such a policy should dictate the extent to which employees are allowed to use the company internet facilities for their own personal use, and should clearly set out the consequences of offensive or defamatory statements made about the company, customers of the company, and/or other members of staff.

“Whilst some comments may be in breach of harassments policies already in place within the company, we would urge employers to update their policies to include the use of social networking sites. Such updates should then be effectively communicated to staff.

“Finally, employees themselves also need to consider the implications of the information they are sharing and remember that once a comment is made, or picture is posted, it often can’t be erased or recalled. They may have no control over who sees it, or where it goes. If such comments are likely to damage an employer’s reputation, or are intended or likely to destroy the relationship of trust and confidence between the employer and the employee, or are a breach of confidentiality clauses in the employment contract, disciplinary action may be a legitimate step to take for the employer. Further, if the comments posted are untrue, such action could result in the employee facing legal action for defamation. What an employee may think of as a bit of fun may end up causing offence and could potentially result in dismissal or even court proceedings.”