Social Media The Implications For Employers

The use of social media, such as Facebook, Twitter, YouTube, LinkedIn and blogs is growing every day and, with many people accessing social media at work, it is hardly surprising that Facebook has been described as an "HR accident waiting to happen". What are the risks associated with allowing social media to be used in the workplace and how can employers minimise them when developing a social media policy? Risks include: discrimination claims; lost productivity; vicarious liability for employee's actions; losing confidential information; damage to the reputation of the business; and losing ownership of social media contacts.   The most effective way to minimise risks is to issue a social media policy to all staff including consultants, contractors, casual staff, agency workers and volunteers. A good policy will cover access periods, monitoring provisions…

Dismissing A Senior Executive

An executive director, who is employed by a company, has the same employment rights as any other employee. This means that he or she can claim compensation for redundancy, unfair dismissal, wrongful dismissal or breach of contract. If they suspect that their dismissal is because of discrimination, they may also be able to claim for this. A company may also have to address the following tricky issues: removal as a director of the company; transfer of any shares held by the director; dealing with any share options; obtaining shareholder approval for any compensation payments; and safeguarding the business after the director leaves.   In order to defend a claim of unfair dismissal, a company will need to show that it followed a fair procedure and that it acted reasonably in all the circumstances…

Lawful Deductions From Pay

As the recession continues to bite and many employers feel the need to run a tight ship, care should be taken that deductions from employees' wages are made lawfully to avoid expensive tribunal claims. "Wages" are defined broadly and cover any sums payable to the worker in connection with employment, including any fee, bonus, commission, holiday pay or other payment referable to the worker's employment. A deduction from a worker's wages can only be made lawfully if: the deduction is required or authorised by law, and this includes tax, national insurance and attachment of earnings; the deduction is required or authorised by the worker's contract, for example a company car clause; or  the worker has given prior written consent to the deduction, such as a season ticket loan agreement or the purchase of childcare…

How To Discipline Employees Fairly

Some employers are reluctant to address problems with employees and put up with unacceptable conduct or substandard performance, sometimes for many years, until the employee resigns and solves the problem by default. However it is possible to deal with such matters fairly, without risking costly employment tribunal claims. You should first consider whether you need to take formal action under your disciplinary procedure and carry out a thorough and reasonable investigation. Before the disciplinary hearing, the employee must be informed in writing of the case against them, told what the possible consequences will be, given copies of any evidence so they can prepare and reminded of their right to be accompanied by a work colleague or trade union representative.  At the hearing, you should explain the allegations and go through the evidence. Following the hearing…