The law governing social media is rapidly evolving. Within the
last year, the UK has seen a rise in reported cases from the
employment tribunals, which have added to the growing body of case
law and opinion on the subject of social media in the workplace,
allowing employers to form a better understanding of what is and
what is not acceptable for their employees. The overwhelming
conclusion for many employers is that social media policies are not
only useful, but are fundamentally important, if they are to defend
employment claims. However, to be effective in practice, the policy
must 'fit' the business and set appropriate standards to be
complied with, in context. Recent U.S. case law on the subject is
similarly focused on appropriate policies and training for
employees. Given the variations in employee rights, employers
dealing with these issues on both sides of the Atlantic may be
interested in the U.S. approach and reaction to the cases
considered below.
