Warning - anti-social behaviour can damage your wealth

Recruitment Consultant Iona Kobbekaduwe looks at how social media activity can influence career prospects.    

With the legal job market becoming increasingly more competitive, it is not surprising that the selection criteria may not always be limited to a straightforward CV and interview - your personal online brand is just as important as the suit you wear to interview.

Derogatory comments, inappropriate profile pictures and poor spelling/grammar can lead employers to make rash judgments. When taking steps to finding new employment, it is important to keep your social media presence in check to reflect your true character.

A bit of good news is that some employers believe social media profiles demonstrate employee potential as they can show well-roundedness and company-fit. LinkedIn appears to be the most popular method however perhaps surprisingly, some do use Facebook.

It can be tempting to lock down privacy settings however this could mean missing out on opportunities; social media is an increasingly important tool to use to bolster your personal brand and gain attention.

Research by OfficeTeam revealed that over a third of HR Managers feel it is inevitable that social media sites like LinkedIn and Facebook will replace CVs in the future. 90% of recruiter’s research candidate’s online presence to check there is nothing incriminating to be found by clients that could represent badly on the agency. Big name companies with robust reputations to protect check social media sites as part of the standard recruitment process, so an inappropriate profile could shatter your chances. This method can be a way of shortlisting candidates, especially when the job market is so competitive and there is less to differentiate between candidates. Up to 70% of employers who have used LinkedIn have decided not to progress a candidate based on their social media profiles, with only 27% giving candidates the chance to discuss the content they have found.

Top Tips for using social media to your advantage, and avoiding the rejection pile!

• Google yourself – if all the results are non – professional then update your professional profiles – LinkedIn has a high visibility in Google search results
• Think before you type
• Avoid swearing and keep your spelling and grammar in check – ‘text speak’ can be viewed as a bad reflection of competence by prospective employers
• Show your strengths – if you have any unique interests this can complement you
• It is important to keep tabs on your privacy permissions – be aware Facebook make regular changes to privacy settings
• Be careful of your ‘likes’
• Keep an eye on what people write on your page/what you write on theirs
• Douglas Scott has a Facebook group which makes it easier for lawyers to get in touch and find out about new opportunities. It can also be a good opportunity to network
• Our National teams here at Douglas Scott have various LinkedIn groups that are well worth joining – they provide you with market updates and new opportunities in your area
• Whatever you do you are ultimately still representing the firm you work for, don’t put your life on hold, but just beware of the consequences

There are several Employment Tribunal decisions which have found there to be unfair dismissal for comments made on social media sites – these decisions show how the increased use of social media can cause significant problems in employment as there is a fine line between what is classed as “public” and “private”.

Deciding whether comments made outside of work, which are related to work, are public or private is a complex argument.

Two interesting recent cases highlight this argument well - Kass v Gillies and Mackay Ltd – “The Facebook case” and Mason v Huddersfield Giants Rugby League FC “The Twitter Case”.

A note for Employers

Employment Law regarding social media and its use in recruitment is a growing area and it is important to understand the potential issues. Employers need to be cautious not to base recruitment decisions on a candidate’s ‘protected’ characteristics such as religion, sexual orientation, race or disability.

Employers also need to be aware that their reputation could be damaged by employee’s conduct and comments on social media whether inside or outside of work, and this could lead to a disciplinary action, so it is important employers have a social media policy in place that provide guidelines for staff. Case law is mounting however many decisions show there are limits on an employer’s right to restrict an employee’s freedom of speech on social media and the importance of free speech even where this causes offence, though it is worth noting the same laws equally recognise the rights of privacy and reputation.

Employers should also consider what happens when employees leave and/or join a competitor as LinkedIn is a valuable way for employees to tell contacts/clients where they have moved to.  If an ex-employee contacts an ex-employer’s clients this could be perceived as solicitation, but could updating LinkedIn have the same effect? It is unclear what approach courts take in relation to the ownership of and confidentiality in an ex-employee’s connections to clients and colleagues via social media sites. The best policy for employers is to review contractual confidentiality and restrictive covenants to ensure they cover these issues.

And the last word on the subject from Richard Whalley, partner at HRC Law LLP and specialist Employment Lawyer - 

“The rise in popularity of social media is definitely a good thing in the recruitment sector, as it enables instantaneous communication in this extremely fast-paced sector. However, caution is recommended – it is possible to discriminate against a number of people in the click of a mouse by a careless choice of words. This can, and does, give rise to many claims each year. Similarly, candidates and employees should be careful what they put on their own social media – an employer or prospective employer need only enter a name into any search engine and see a candidate’s online presence whether it be good, bad or ugly!”

Iona Kobbekaduwe is an experienced and successful Recruitment Consultant specialising in Private Practice and Insurance moves in the Greater Manchester area.  

This Blog contains general overview information only.  It does not constitute, and should not be relied upon, as legal advice.  You should consult a suitably qualified lawyer on any specific legal problem or matter.