Partner Article

Linked In - Linked Out?

The Tipster loves social media. It is a great way of keeping in contact with business associates and is a cheap but focused way of networking.

However, the Tipster has seen an interesting case which does raise issues about how people use this form of networking. The case of Flexman v BG Group is still to reach a resolution in the Employment Tribunals. None the less the facts are interesting. Mr Flexman placed his CV on
Linked In. Clearly, if an employee places their CV in the public domain it does seem to suggest that he/she is looking for a new job. A colleague of Mr Flexman noticed this and informed senior management. Senior management - clearly perturbed by this development - told Mr Flexman to remove the CV from his Linked In account or face disciplinary action. The choice for Mr Flexman crystallised around whether “should he stay or should he go if I stay there may be trouble if I go it could be double”. Mr Flexman actually decided to resign and claim constructive unfair
dismissal.

Why? - Well his belief is that he should be entitled to place his CV on his Linked In account and that this did not disrupt the employer/employee relationship. The question begs was it right for an employer to threaten disciplinary action? It is often the case that employees will be perhaps taking time off work to attend interviews or circulating their CVs. Providing there are no breach of confidentiality issues/restrictive covenants (and this is a totally separate arena) then clearly there is a limit to what an employer can do. But should they have the power to do something when the employee is advertising this fact in the public domain?

There are no easy answers to this. The best way forward is for employers to have a realistic and practical policy in place for dealing with such areas. For example, it clearly can have a very negative impact on an employers business if one or more employees are advertising the fact that they want to leave. A policy should set the clear parameters of usage of Linked In and can confirm that in the event of breach there may be disciplinary action and then clearly set out what Linked In can be used for.

All employees (established and new) should be informed of the parameters of the policy so that no confusion can take place. If there are issues then they should be dealt with sensitively and within the terms of the policy. The Tipster awaits the outcome of the case but it is interesting to note such cases coming through the Employment Tribunals which present a challenge to
employees and employers alike.

This was posted in Bdaily's Members' News section by David Gibson .