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Martin Bloom, Partner and Head of
Employment Law at the firm, says: “Using these sites to canvass more
information about an employee or an interview candidate is
potentially risky for an employer.
“For example, it is possible to
obtain information about a person’s sexual orientation or religious
beliefs that can impact or is perceived to impact on the decision
made to recruit or not recruit that person - this can lead to
discrimination claims.”
The Employment Practices Data
Protection Code states that an employer should only use vetting
where there are particular and significant risks involved to the
employer, clients, customers or others, such as working with
children or vulnerable people. However employers should not place
reliance on information collected from social networking sites as it
is potentially unreliable.
Befriending risk Employees should
also be aware of potential problems from ‘befriending’ their
employers on these sites and should choose to have their webpage on
a privacy setting where possible.
“The dismissal of employees for
comments made about employers on social networking sites can also
lead to unfair dismissal claims,” adds Mr Bloom. “However, an
employer may be able to defend themselves against such a claim if
they can show the dismissal was a reasonable response to the conduct
of the employee.”
June 2010 -
Peterborough UK Community Website
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