
Chris Bryden & Michael Salter consider the risk to professionals of social media misuse
The impact of social media misuse has been felt with increasing effect in employment relationships as social media has continued to insinuate itself into the workplace. There is a burgeoning body of case law emanating from employment tribunals as well as civil courts in relation to claims of wrongful dismissal (as well as many other areas of law). However, what is often overlooked by commentators when analysing such cases, and by human resources departments when giving advice to their organisations, are the added restrictions and consequences for social media misuse that may be imposed on professional employees by their respective codes of conduct and regulatory bodies. Many such regulatory bodies have, at their heart, values which often are diametrically opposed to the ethos of social media interaction, for good reason. For example, the provision of legal advice by regulated professionals is guarded by rules of privilege, confidentiality, form and process; whereas social media champions the mass and instantaneous communication between the poster and their followers without restriction or moderation.
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