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My Space: Your Business
Birketts’ Employment Team




Catherine Johnson – Associate

Lisa Hayward - Senior Solicitor
•Birketts LLP Employment Law Team
•Early Birds
•Case Updates
•The “Main Event”
Introduction

What is social networking?

Examples of social networking sites:
• Facebook
• MySpace
• Bebo
• Twitter
Have I got News For You


"It's s***. All I do is shred, hole punch and scan paper."

Kimberley Swann (16)
Ivell Marketing and Logistics
Have I got News For You

"'Would you like a bag for life?',
and the customer replied 'Ahhh no, I think I can fit it all in
    here',
'...they are free tonight',
'Ohhhhh go on then I'll have two!'"
Cheap little b******s.“

Marks and Spencer
Have I got News For You

Which company’s employees rate their client’s as:

“ Smelly and Annoying” ?




“ Chavs”
Have I got News For You

Can you name this fast food restaurant?

KFC – employees not so “ finger lickin’ good”
The Generation Game
To Ban or Embrace

• Ban

• Restrict personal use to employee’s own time

• Bank of PC’s to use for personal access

• Free access at all times

• Managing use outside of work
How and why to embrace

•   Simple, interactive, cost effective      Ecademy survey

•   Marketing your business and brand
                                          “ Over a fifth of
                                          respondents claimed to
•   Communicate with your                 get between 10% and 50%
    clients/customers the same way you    of their new business from
    communicate with each other
                                          online business
                                          networking”

                                          “ 67% planning to spend
                                          more time on social media
                                          sites in the future”
How and Why to Embrace

• Effective tool to organise and participate in networking groups
Business Networking

Top three sites for business networking
Trends in the Market

•   Unique visitors to social
    networking sites in June
    2008 represented
    approximately 2/3 of the
    worlds internet audience

•   Viral marketing

•   Virtual
    meetings/conferencing
Employers Use of Networking Sites

• Applicant vetting
Employers use of Networking Sites
• Evidence for disciplinary proceedings
From: Kyle Doyle
Sent: Wednesday, 27 August 2008 9:43 a.m.
To: Niresh Regmi
Subject: RE: Absence on Thursday 21st 2008
Hi Niresh,
My leave was due to medical reasons, so you cannot deny leave based on a line manager’s
discretion, with no proof, please process leave as requested.
Thanks and Regards,
Kyle Doyle

From: Niresh Regmi
Sent: Wednesday, 27 August 2008 9:50 a.m.
To: Kyle Doyle
Subject: RE: Absence on Thursday 21st 2008
Hi Kyle,
I believe the proof that you
are after is below…
Employers Use of Social Networking Sites
Risks and Liability

• Vicarious Liability
   – discrimination and harassment

• Reputation
   – impact on business
   – defamation
   – brand damage
Risks and Liability

• Productivity

• IT Issues – risks of viruses/security

• Confidentiality

• IPR infringement
Legal Parameters

•   Data Protection Act
•   Human Rights Act
•   Regulatory of Investigatory Powers Act
•   Telecommunications Regulations
•   All strands of discrimination
•   Whistle blowing
•   Unfair dismissal
Best Practice

• Policy

   – Key terms

   – Communication and acceptance

   – Training

   – Culture
Website Details


•   www.facebook.com
•   www.bebo.com
•   www.myspace.com
•   www.linkedin.com
•   www.ecademy.com
•   www.friendsinbusinessuk.ning.com
Catherine Johnson                  Lisa Hayward
          Associate                      Senior Solicitor
catherine-johnson@birketts.co.uk   lisa-hayward@birketts.co.uk
         01473 299174                     01473 406316

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My Space

  • 1. My Space: Your Business Birketts’ Employment Team Catherine Johnson – Associate Lisa Hayward - Senior Solicitor
  • 2. •Birketts LLP Employment Law Team •Early Birds •Case Updates •The “Main Event”
  • 3. Introduction What is social networking? Examples of social networking sites: • Facebook • MySpace • Bebo • Twitter
  • 4.
  • 5.
  • 6.
  • 7. Have I got News For You "It's s***. All I do is shred, hole punch and scan paper." Kimberley Swann (16) Ivell Marketing and Logistics
  • 8. Have I got News For You "'Would you like a bag for life?', and the customer replied 'Ahhh no, I think I can fit it all in here', '...they are free tonight', 'Ohhhhh go on then I'll have two!'" Cheap little b******s.“ Marks and Spencer
  • 9. Have I got News For You Which company’s employees rate their client’s as: “ Smelly and Annoying” ? “ Chavs”
  • 10. Have I got News For You Can you name this fast food restaurant? KFC – employees not so “ finger lickin’ good”
  • 12. To Ban or Embrace • Ban • Restrict personal use to employee’s own time • Bank of PC’s to use for personal access • Free access at all times • Managing use outside of work
  • 13. How and why to embrace • Simple, interactive, cost effective Ecademy survey • Marketing your business and brand “ Over a fifth of respondents claimed to • Communicate with your get between 10% and 50% clients/customers the same way you of their new business from communicate with each other online business networking” “ 67% planning to spend more time on social media sites in the future”
  • 14. How and Why to Embrace • Effective tool to organise and participate in networking groups
  • 15. Business Networking Top three sites for business networking
  • 16.
  • 17.
  • 18. Trends in the Market • Unique visitors to social networking sites in June 2008 represented approximately 2/3 of the worlds internet audience • Viral marketing • Virtual meetings/conferencing
  • 19. Employers Use of Networking Sites • Applicant vetting
  • 20. Employers use of Networking Sites • Evidence for disciplinary proceedings From: Kyle Doyle Sent: Wednesday, 27 August 2008 9:43 a.m. To: Niresh Regmi Subject: RE: Absence on Thursday 21st 2008 Hi Niresh, My leave was due to medical reasons, so you cannot deny leave based on a line manager’s discretion, with no proof, please process leave as requested. Thanks and Regards, Kyle Doyle From: Niresh Regmi Sent: Wednesday, 27 August 2008 9:50 a.m. To: Kyle Doyle Subject: RE: Absence on Thursday 21st 2008 Hi Kyle, I believe the proof that you are after is below…
  • 21. Employers Use of Social Networking Sites
  • 22. Risks and Liability • Vicarious Liability – discrimination and harassment • Reputation – impact on business – defamation – brand damage
  • 23. Risks and Liability • Productivity • IT Issues – risks of viruses/security • Confidentiality • IPR infringement
  • 24. Legal Parameters • Data Protection Act • Human Rights Act • Regulatory of Investigatory Powers Act • Telecommunications Regulations • All strands of discrimination • Whistle blowing • Unfair dismissal
  • 25. Best Practice • Policy – Key terms – Communication and acceptance – Training – Culture
  • 26. Website Details • www.facebook.com • www.bebo.com • www.myspace.com • www.linkedin.com • www.ecademy.com • www.friendsinbusinessuk.ning.com
  • 27. Catherine Johnson Lisa Hayward Associate Senior Solicitor catherine-johnson@birketts.co.uk lisa-hayward@birketts.co.uk 01473 299174 01473 406316