Social Networking

There is a growing interest in the use of social networking sites such as Facebook and Twitter. A simple way to keep in touch with your circle of friends and visited by over 17 million people a month.

However there are pitfalls which you need to be aware of as some of our members have recently discovered. Few people realise that posting pictures, opinions and revelations on a website could possibly land them in hot water with their employer; however there is always a risk that someone could take offence and report it.

In an FRS context, the expectations on staff are higher than in ‘Civvy Street’, we after all are seen as a disciplined service. It follows therefore that any picture which links the user to their employing FRS and if accompanied by other pictures or comments which could be interpreted as sexist, racist, crude or similar will result in a disciplinary investigation and action being taken, sometimes resulting in dismissal. We are advised that Fire Service’s are quite right in alleging that such comments and pictures bring the Fire Service into disrepute and are treating these as misconduct.

As a result of there being investigations and hearings relating to social networking, it must not be forgotten that the service does have an obligation to its staff. Many employers are now recognising the legal issues and the need for policies which give clear guidelines on the use of such sites. Failing to do so could leave the employer with a legal challenge and damage to the reputation of the organisation, the following article from our legal team explains.

FACING UP TO SOCIAL NETWORK ISSUES

by Harriet McInnes, Employment Solicitor with Howes Percival LLP

With the recent surge in population of “Twitter”, adding to the ever growing list of popular social networking sites, employers need to be aware of the various legal issues that arise from employees using such sites.

Employers are urged to update their policies to ensure that they have clear guidelines on the use of social networking sites. It is imperative that employers have an internet usage policy that protects them from the potential damage to the reputation of the company as well as protecting customers and staff.

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 policy that dictates 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.

Employers should be aware that if they intend to update their policies, such updates should be effectively communicated to staff.

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, 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.

Our advice to local reps is to raise this matter at your next meeting with management. Make them aware of your concerns and ask if they have produced such guidelines. If the response is no then ask if they have any plans to do so and the timescales.

Retained Firefighter Forum

The RFU has been made aware of a new internet forum specifically designed for those working the Retained Duty System (RDS). The site has been up and running for a few months now and has slowly built up a large number of subscribers.

Having viewed the site it appears to be extremely informative, well balanced and full of committed personnel who are eager to share information across the Services.

We suggest you take a look for yourself and see what you think.

The site can be found at www.retainedfirefighter.com

John Barton
National General Secretary