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Social Media in the Workplace
William fry
employment
report 2013
CONTENTS
• 	Overview	 3
• 	Recruitment	 4
• 	Ownership	 5
• 	Productivity	 8
• 	Brand Protection	 9
• 	Disciplinary Issues	 10
• 	Social Media Policy	 12
• 	About William Fry	 15
• 	About the Research	 16
- 3 -
Alicia Compton
Employment & Benefits Partner
Phone: + 353 1 639 5376
Email: alicia.compton@williamfry.ie
Catherine O’Flynn
Employment & Benefits Associate
Phone: + 353 1 639 5136
Email: catherine.o’flynn@williamfry.ie
Overview
Welcome to the William Fry Employment Report 2013 which
focuses on social media in the workplace.
Social media platforms such as LinkedIn, Facebook and
Twitter have revolutionised communication. There have been
many reports on social media in the workplace internationally
but the Irish workplace has not been extensively reviewed.
We commissioned a survey to gain an insight into how social
media is being used in the Irish workplace. The survey was
conducted with 200 Irish based companies, both domestic
and international, and 500 employees.
The purpose of our report is to help employers manage
social media in the workplace effectively, by pre-empting
and avoiding potential employment issues.
Our survey examines a number of areas in connection with
the use of social media in the workplace, including its
importance in the recruitment process, its effect on
productivity, ownership of social media accounts and their
contents and disciplinary issues.
Our findings show that evidence on social media of behaviour
such as bad language or discriminatory views of job
candidates would influence employers in the decision to hire.
In relation to Recruitment we consider the extent to which
employers can screen the online activity of job candidates.
A key emerging issue for employers is the Ownership of social
media accounts and/or contacts on those accounts. The most
significant challenge is what happens to work-related contacts
when the employee leaves the organisation. The question of
ownership should be dealt with as early on in the employment
relationship as possible.
We also examine issues around Productivity and whether
access to social media sites during work hours decreases
productivity.
Business is turning to social media to enhance and
strengthen brands. Social media facilitates online
relationships with potential customers or clients. To
assist Brand Protection, employers should set out clear
guidelines on communications on social media.
Disciplinary Issues may arise in connection with employees’
social media activity. Employers may be held vicariously liable
for acts of bullying or harassment of employees carried out by
their colleagues on social media sites.
We have set out best practice for putting in place a
Social Media Policy and list the issues which should be
addressed when preparing a social media policy. Given
the speed of developments in this area, the social
media policy should be updated regularly and effectively
communicated to all employees.
The overriding message for employers is to implement a
social media policy tailored to the needs of their organisation,
to review that policy regularly, to ensure that employees are
aware of the policy and understand how it affects them and
to enforce it consistently.
We hope you find this report interesting and informative and
we welcome your feedback.
- 4 -
RECRUITMENT
Our survey results indicate that employers
would be influenced by evidence on social
media of behaviour such as discriminatory
views and bad language when it comes to
job applicants. Social media provides a
significant resource for recruiters in terms
of sourcing candidates but is it acceptable
to use social media to screen candidates?
Social media screening has become an issue
in other jurisdictions to the extent that several
US States have enacted legislation prohibiting
employers from requesting login details of the
social media accounts of job applicants.
There is no Irish legislation prohibiting an
employer requesting login details. However,
when an employer reviews a job candidate’s
social media accounts, two issues should
be considered.
Candidates are protected by the employment
equality legislation which prohibits
discrimination on the grounds of gender, civil
or family status, sexual orientation, religious
belief, age, disability, race or nationality or
membership of the Traveller community.
An employer could be liable under equality
legislation if a candidate can show that the
reason he/she was not offered a job was
connected with material relevant to one
of the prohibited grounds and seen by the
prospective employer on the candidate’s
social media accounts.
• If reviewing a candidate’s social
media account forms part of
an organisation’s recruitment
process, let candidates know
that this will take place, explain
what form it will take and why it
is considered necessary having
regard to the nature of the job.
• Ensure that information sourced
from social media is obtained
and retained in accordance with
data protection requirements.
• Ensure that any decision not to
recruit an individual is not based
upon any of the discriminatory
grounds covered by employment
equality legislation.
Best Practice
86%
of employers say the use
of bad language on a
candidate’s social media
account would affect their
decision to hire
that candidate.
81%
of employers say they
would be negatively
influenced by
inappropriate photos/
videos on a candidate’s
social media account.
82%
of employers would be
negatively influenced by
discriminatory views on
a candidate’s social
media account.
Data protection legislation and guidance
issued by the Data Protection Commissioner
suggests that employers must, at a minimum,
advise candidates that online screening will
take place, explain what form it will take
and why screening is considered necessary
having regard to the nature of the job. Other
data protection obligations, including how
a candidate’s personal data gleaned in the
screening process should be stored and
protected from unnecessary dissemination,
must also be considered.
SCREENING
The UK’s first Youth Police and
Crime Commissioner, Paris Brown
(17), recently resigned from her post
following criticism of messages posted
by her on Twitter when she was aged
between 14 and 16.
The Police and Crime Commissioner
responsible for recruiting Ms Brown
has been criticised for not carrying
out checks on social media before
Ms Brown’s appointment. The
Commissioner has suggested that
such checks are likely to be part of
future recruitment processes.
- 5 -
OWNERSHIP
Ownership of social media accounts, and of
the contacts, friends or followers on those
accounts is an emerging issue for employers.
As the economy recovers and movement
increases within the job market these issues
will arise more frequently.
Customer or client-facing employees often
set up social media accounts to reinforce
customer/client relationships and may be
encouraged to do so by their employer.
Employees can amass a significant number
of contacts, friends or followers on social
media accounts. Who owns those work-
related contacts and social media accounts
and what happens to them when the
employee leaves the employment?
An employer cannot claim ownership over all
work-related contacts simply because they
are work-related. Disputes between employers
and employees over ownership of social media
material are governed by contract and common
law principles developed through case law.
There is no Irish case law on this issue to date,
however developing UK and US case law may
indicate the approach the Irish courts will take.
WHOSE CONTACT IS
IT ANYWAY?
The leading UK case involving
ownership of LinkedIn contacts is Hays
Specialist Recruitment (Holdings)
Limited v Ions (2008). Mr Ions left
Hays to set up a rival agency. Hays
suspected that Mr Ions was using
confidential information about clients
and contacts which he had copied
to his LinkedIn account during his
employment. A search of Mr Ion’s
e-mail account revealed that, during
his employment, Mr Ions had invited
two existing clients of Hays to join his
LinkedIn network.
When deciding on the claim brought
by Hays for breach of contract the
Court considered that an employee
recording client contact details
with a view to their future use in a
competing business was potentially a
breach of the employee’s employment
of employers allow
employees to store
work related contacts
on their personal social
media accounts.
8%
of employers know what
work related contacts their
employees have on
their personal social
media accounts.
3%
61%
of employees have work
related contacts on
their personal social
media accounts.
obligations. Essentially, while an employer
may authorise employees to gather contact
details on their LinkedIn accounts, that
information is confidential information
and remains the property of the employer.
This illustrates the distinction between
ownership of a LinkedIn account and
ownership of the information contained
within that account.
The Court directed disclosure of those
contacts whose names and addresses
Mr Ions had taken from his work email
address book and all emails sent to or
received by his LinkedIn account from the
Hays computer network whilst Mr Ions was
an employee of Hays. He was also ordered
to disclose all documents, including
invoices and emails, evidencing any use
by him of the LinkedIn contacts and any
business obtained from them.
- 6 -
of employers have discussed
with their employees the position
regarding work-related contacts
on social media accounts when
employment ends.
17%
onlyAfter her employment was terminated,
Edcomm, using Dr Eagle’s LinkedIn
password, accessed the account and
changed the password so that Dr Eagle
could no longer access the account.
Edcomm then changed the account
profile to display Dr Eagle’s successor’s
name and photograph, although Dr
Eagle’s honours, recommendations
and connections were not deleted. For
several weeks thereafter, a search for Dr
Eagle on LinkedIn found the information
for her replacement instead.
The Court held in Dr Eagle’s favour and
pointed out that Edcomm, although
clearly concerned about its employees’
social media presence, did not have a
policy in place determining who owned
the accounts.
LOCKED OUT OF LINKEDIN
In March 2013, judgment was delivered
in a US case involving ownership of a
LinkedIn account. In Eagle v Edcomm,
Dr Eagle, former CEO of Edcomm, filed
a complaint alleging that Edcomm
hijacked her LinkedIn account after
her employment was terminated. While
Dr Eagle was CEO of Edcomm, she
established a LinkedIn account with
the encouragement and assistance of
Edcomm. She used this account to
promote Edcomm’s services, to foster
her professional reputation, to connect
with her family and to build social and
professional relationships.
OWNERSHIP
- 7 -
We asked employers and employees to tell us who owned
the followers, contacts and friends on employees’ personal
social media accounts.
The results show two very different points of view and a
significant degree of uncertainty in the minds of employers
and employees.
• Deal with ownership of work-
related contacts on employer or
employee owned devices and
social media accounts at the start
of the employment relationship.
• Set the boundary between
personal and professional
contacts and/or other important
business information.
• Amend contracts of employment
and staff handbooks so that
confidential information and post
termination restrictions capture
work-related contacts on social
media accounts.
• Require employees not to add
work-related contacts to personal
social media accounts or make
clear the basis on which they are
permitted to do so.
• Require employees to delete
work-related contacts from
social media accounts on
termination of employment.
• Inform employees that they are
not permitted to hold themselves
out as employees on their social
media accounts once their
employment has ended.
I OWN
52%
UNSURE
47%
EMPLOYER
OWNS 1%
EMPLOYEE
OWNS 24%
EMPLOYEE
THINKS
I OWN
63%
UNSURE
31%
EMPLOYER
OWNS 6%
WE OWN
25%
UNSURE
61%
EMPLOYEE
OWNS 14%
EMPLOYEE
THINKS
EMPLOYER
THINKS
Twitter®
I OWN
37%
UNSURE
56%
EMPLOYER
OWNS 7%
WE OWN
29%
UNSURE
57%
EMPLOYEE
OWNS 14%
EMPLOYEE
THINKS
EMPLOYER
THINKS
Facebook®
LinkedIn®
Best Practice
UNSURE
61%
WE OWN
15%
EMPLOYER
THINKS
OWNERSHIP
- 8 -
PRODUCTIVITY
81%
of employees access
social media sites
at work.
47%
of employers think that
social media access,
while at work, increases
workplace morale. 36% of
employees agree.
31%
of employees access
social media sites
multiple times a day
at work.
42%
of employers allow some
form of social media
access while at work.
Our survey indicates that 47% of employees
believe that access to social media during
work hours decreases productivity. It is
interesting that only 38% of employers agree.
As the majority of employees access social
media from personal devices while at work
there is limited value in imposing absolute
restrictions upon employees accessing social
media on employer-owned devices.
If an employer is concerned about an
employee’s productivity, whether it is
connected with suspected high levels of
social media use during the working day,
or for any other reason, these concerns
should be addressed through the
implementation of a performance
improvement plan.
ON AVERAGE
EMPLOYEESSPEND
56MINUTES
per working day
on social media sites.
• Set realistic limits for
employees regarding the
accessing of social media sites
at work whether on employer
or employee owned devices.
• Deal with concerns about
productivity due to suspected
social media usage at work
in the same way as any other
performance issue is dealt
with - by putting a performance
improvement plan in place.
Best Practice
- 9 -
Business is increasingly turning to social
media to enhance reputation and grow.
Social media provides unique opportunities
to connect and network with potential
customers or clients that were simply not
available before.
A key issue for employers is to identify how
employees will participate in this process
and to set out clear guidelines as to how,
what and by whom information relating to
the employer’s business is communicated
on social media. Employees should
be encouraged to report comments
concerning the business made on
social media to a central point within
their organisation.
The potential for an organisation to
interact negatively with customers and
clients on social media at a speed and on
a scale previously unimagined is also an
issue for employers.
BRAND PROTECTION
38%
of employees say they
would do nothing if they
came across negative
comments about their
employer on social
media sites.
56%
of employers encourage
their employees to report
negative comments about
the employer.
•	 If employees are encouraged
or required to use business
social media accounts ensure
that account passwords
and login details are not
changed by employees
without permission.
• Define who is permitted to post
or comment on business social
media accounts.
• Consider whether postings
or comments need to be
monitored in advance to ensure
appropriate content.
• Ensure employees are clear
about what to do if they read
comments about the employer
on social media.
• Ensure employees are not
permitted to post confidential
information on personal social
media accounts and are
clear as to what confidential
information means.
• Decide whether employees may
post work related photographs
or comments on personal social
media accounts.
of employers are not
concerned that confidential
business information
may be posted on social
media sites by employees.
73%
Best Practice
reputation risk
In a much viewed YouTube video, an
employee of Domino’s Pizza was seen
preparing a sandwich for delivery.
It was clear from the video and the
accompanying narrative by a co-worker
that the sandwich was being prepared
without regard to hygiene or food
standards and in a way that would be
damaging to the employer’s brand.
Within days of the video being posted
online it had been viewed more than
a million times. Both employees
were dismissed.
In a case involving a UK supermarket
chain, an employee was dismissed
for posting a video on YouTube of
colleagues having a fight with plastic
bags. The video clip was viewed by
eight people, three of whom were the
managers of the supermarket where
the employee worked and who took the
decision to dismiss the employee.
The Employment Tribunal held that
the dismissal was unfair since there
was no actual risk of reputational
damage to the supermarket.
- 10 -
Employers may have regard to employee
conduct which takes place on social
media sites. Conduct which is linked or
damaging to the employer, has an impact
on the employee’s ability to do his/her
job or causes offence to other employees,
requires action. Although 51% of
employers and 40% of employees say
that activity on social media should
be treated differently if it takes place
outside of working hours, the same
considerations apply regardless of when
the activity takes place.
When an employer is considering
taking disciplinary action against an
employee, the employee may say that
he/she thought their social media
account was private or that he/she has a
right to freedom of expression. In fact,
employees should not assume that posts
or comments will remain private given
the nature of the internet. In addition,
the freedom of expression enjoyed by
the employee must be balanced against
the right of the employer to protect its
reputation and to observe its duty
of care to other employees.
EMPLOYEE ACTIVITY ON
SOCIAL MEDIA
Kiernan v Awear (2007) was one of the first
Irish cases to raise the issue of social media
in the workplace. The case involved the
posting of comments by Ms Kiernan about
her branch manager on the social networking
site Bebo, outside of working hours. The
remarks were brought to management’s
attention by a customer. Ms Kiernan, who
had a previously clean disciplinary record,
was dismissed for gross misconduct. The
Employment Appeals Tribunal held that the
sanction of dismissal was disproportionate
to the offence.
A different determination was made in
O’Mahony v PJF Insurances Limited (2010),
a case which involved an employee posting
disparaging comments about the employer
and a director of the organisation on her
Facebook page. Ms O’Mahony was dismissed
and challenged the dismissal before
the Employment Appeals Tribunal. The
Employment Appeals Tribunal held that the
posts were personally offensive to one of the
directors in particular and that the breach of
trust was so significant that Ms O’Mahony’s
position became untenable.
Employers may be vicariously liable
for acts of bullying, harassment or
discrimination of employees carried out
by their colleagues on social media sites.
It will not be a defence for the employer
to say that such acts were carried out
without their consent or knowledge. It
will be helpful to a defence however, to
show that the employer took practical
steps to prevent the act complained of
taking place. Key to this would be to
have in place a clear and comprehensive
social media policy which identifies and
requires appropriate conduct concerning
colleagues, both during and outside of
working hours, on social media sites.
As with any disciplinary matter,
sanctions for misconduct in relation
to social media must be proportionate
to the circumstances and the
disciplinary process must be fair.
In Toland v Marks  Spencer (2013)
Ms Toland was awarded €18,000
compensation in her claim for unfair
dismissal. Ms Toland was dismissed
for a breach of the organisation’s social
networking policy. In giving evidence to
the Employment Appeals Tribunal, Ms
Toland said that her participation in social
networking sites was limited and that she
did not intend to hurt or disrespect anyone.
Ms Toland did accept that by commenting
on posts by other staff members she did
participate in conversations regardless of
her intentions.
As Marks  Spencer could not provide the
witness who made the decision to dismiss
the employee at the hearing or any notes of
the disciplinary meeting, the Tribunal treated
the case as an uncontested unfair dismissal.
However, the Tribunal did accept that there
was some contribution to the dismissal
by Ms Toland as a result of her “careless
misuse of a social networking site and the
compensation awarded reflects this”.
Disciplinary Issues
- 11 -
VICARIOUS LIABILITY
The UK case of Otomewo v Carphone
Warehouse (2012) illustrates the
importance of having an effective
social media policy in place to deal
with claims of vicarious liability.
Mr Otomewo was a manager in a
Carphone Warehouse store. During
working hours, two of Mr Otomewo’s
colleagues took his iPhone without his
consent and used it to post a status
update on his Facebook page saying
“finally came out of the closet, I am
gay and proud”.
Mr Otomewo brought a claim against
Carphone Warehouse alleging
harassment on the ground of sexual
orientation. At an Employment
Tribunal hearing it was acknowledged
that Mr Otomewo was not gay and that
his colleagues did not believe that he
was gay. However, it was accepted that
the status update caused Mr Otomewo
embarrassment and distress as it could
be seen by his friends and family.
The Employment Tribunal found that
it was reasonable for Mr Otomewo to
be embarrassed and distressed by the
status update on his Facebook page. It
was unwanted and an unnecessary and
unwarranted intrusion into his private life
on a public space, amounting to sexual
orientation harassment. The Employment
Tribunal found that the comments were
made in the course of employment
and that Carphone Warehouse, as the
employer, was liable for their actions.
of employers
have
disciplined
employees
based on their
actions on
social media.
of employees
say their
organisation
has disciplined
employees
based on social
media activity.
21%
26%
• 	Ensure your social media policy
states what is/is not permitted,
otherwise it will be difficult to
discipline an employee for any
social media policy breach.
• 	The social media policy should
cross-refer to other relevant
HR policies.
• 	Before taking disciplinary
action against an employee,
consider whether there is a
work-related context and/
or whether the activity in
question actually affects
the work relationship
and/or impacts upon the
employer’s reputation.
• 	Regardless of what the
employee is thought to have
done, fair investigatory and
disciplinary procedures must
be followed.
• 	Adopt a consistent and
proportionate approach to
disciplinary sanctions for
breach of social media policy.
Best Practice
- 12 -
SOCIAL MEDIA POLICY
Social media is an increasingly important
part of the personal lives of employees and of
business life and it is here to stay. Employers
should consider the issues social media
raises in their workplace and regulate its
use and application. Key to this is to have a
comprehensive, tailored social media policy in
place and to ensure that employees read and
understand it.
Where employees are required to use their
own devices for work the social media policy
should cover BYOD (Bring Your Own Device).
Irrespective of whether employees use their
own or employer-owned devices, employers
should require employees to use privacy
and lock settings to minimise the risk of
unauthorised access to those devices.
POLICY - WHY BOTHER?
In Walker v Bausch  Lomb (2009) the
policy at issue was the employer’s intranet
usage policy. However, the deciding
point holds good for social media. In this
Irish case an employee posted to the
organisation’s intranet a message that had
serious implications in terms of publicity
and workplace industrial relations. The
employee was dismissed and challenged
the dismissal. The Employment Appeals
Tribunal found that the organisation’s
investigation was fair but that the
dismissal was not. A factor in the decision
was that there was no proof that the
employee had ever received or reviewed
the organisation’s intranet policy.
Crisp v Apple (2011) is a UK case
concerning Mr Crisp who worked at
an Apple store and posted derogatory
comments on his Facebook page about
his work and certain Apple products.
These comments were brought to the
attention of Mr Crisp’s manager.
Mr Crisp was dismissed for gross
misconduct and challenged his
dismissal. The Employment Tribunal
upheld the dismissal.
In arriving at its decision, the Employment
Tribunal was influenced by the fact that
training and policies on the use of social
media had been provided to Mr Crisp
by Apple.
43%
of employees are
unsure whether their
organisation has a social
media policy.
84%
of employers say that
social media is important
to their organisation.
Only 51%
of employers have a
social media policy.
Of the employees who are required to
use personal devices for work, 60%
say that their employer does not have
a BYOD policy in place.
- 13 -
Employers-
Is your policy
very well
understood
by employees?
51%
NO
49%
YES
Employees-
Do you fully
understand your
organisation’s
social media
policy?
47%
NO
53%
YES
1%Poster
3%
Update of
Contract
10%Word of Mouth
16%Manual
21%Intranet
36%Training
46%Email
How is your organisation’s social media policy
communicated to employees?
- 14 -
• Define the scope - apply it to personal
and professional use on personal and
work devices; cover activity inside and
outside working hours.
• Consider allowing social media access
in moderation – set realistic limits
regarding usage during work hours;
confirm that use of social media during
working hours, in breach of limits set,
may constitute misconduct.
• Provide guidelines for employee
communications in social media -
advise employees to keep personal and
work-related social media activities
separate; state that employees are
personally responsible for their posts;
advise employees to think before they
engage and be mindful of third parties’
rights; inform employees of the need to
use privacy settings/lock devices.
• Cross-refer to other relevant workplace
policies - e.g. disciplinary, bullying and
harassment, equality, email and internet
and data protection.
• Address confidential/sensitive information
- remind employees they must not discuss
clients, business partners or colleagues
without permission outside the organisation
or post any information that is not public.
• Reputation management - confirm what
employees should do if they see any
inaccurate or negative comments about
the organisation on social media.
• Ownership - confirm whether the
organisation has a proprietary interest
in any accounts and/or information
generated by employees on social media.
• Address consequences - confirm that
failure to adhere to the social media policy
may lead to disciplinary action.
policy guidelines
When preparing your organisation’s social media policy the following points should be considered:
• Implement a social media
policy based upon actual
business needs, bearing in
mind what role social media
has to play in the business.
• Ensure the social media
policy is reviewed regularly
as developments may quickly
render it out of date.
• Include the employer’s
position on BYOD where
employees are required or
permitted to use their own
devices for work.
• Ensure the social media
policy is communicated
effectively to all employees.
Retain proof that it has
been received, read
and understood.
Best Practice
- 15 -
William Fry is a leading full service Irish law firm with offices in Dublin, London, New York
and Mountain View, California. Our client-focused service combines technical excellence
with commercial awareness and a practical, constructive approach to business issues.
We advise leading domestic and international corporations, financial institutions and
government organisations. We regularly act on complex, multi-jurisdictional transactions
and commercial disputes. Strong client relationships and high quality advice are the
hallmarks of our business.
Our Employment  Benefits Team’s areas of expertise include:
•	 Advising on all legal issues relating to the employment relationship
•	Representing clients before courts and tribunals in discrimination claims, unfair
dismissal cases, breach of contract actions, injunction proceedings and prosecutions
•	 Industrial relations
•	Advising on employment and pension issues in business sales, group reorganisations,
insolvencies and outsourcings
•	Advising on all aspects of pensions law for employers, trustees, pension product providers
and individuals
•	 Employee share plans
•	 Providing bespoke employment law training sessions for HR personnel
•	 Advising on health and safety matters
Our clients include many leading multinational and Irish companies, pension scheme
trustees and public sector organisations. Our team has advised on the employment and
pensions aspects of many of the major corporate transactions in Ireland in recent years. We
have successfully represented clients in a number of High Court and Supreme Court cases
in which the judgments handed down have clarified key points of Irish employment law.
Recent directory commentary includes:
“Practice head Boyce Shubotham is ‘tactically astute in all his dealings’, Maura Roe
‘remains calm and focused’, and Alicia Compton is ‘excellent’.” (Legal 500 EMEA, 2013)
“A well-connected practice that really tries to understand its clients. I have yet to give the
lawyers a scenario which has stumped them - you can always find an expert in your area.”
(Chambers Europe, 2013)
“William Fry is fabulous. It understands the issues clients face and ensures transactions
progress smoothly...” “Everyone we deal with is just superb. We value the team’s judgement
and view them as colleagues” (Chambers Europe, 2012)
“William Fry’s ‘first class’ team is capable of ‘devising and delivering a solution’ that clients
are happy with.” (Legal 500 EMEA, 2012)
Boyce Shubotham
Partner
T. +353 1 639 5362
E. boyce.shubotham@williamfry.ie
Alicia Compton
Partner
T. +353 1 639 5376
E. alicia.compton@williamfry.ie
Maura Roe
Partner
T. +353 1 639 5246
E. maura.roe@williamfry.ie
Michael Wolfe
Partner
T. +353 1 639 5204
E. michael.wolfe@williamfry.ie
Liam Connellan
Partner
T. +353 1 639 5110
E. liam.connellan@williamfry.ie
Catherine O’Flynn
Associate
T. +353 1 639 5136
E. catherine.oflynn@williamfry.ie
Aisling Butler
Associate
T. +353 1 639 5178
E. aisling.butler@williamfry.ie
Lorna Osbourne
Assistant
T. +353 1 489 6408
E. lorna.osbourne@williamfry.ie
CONTACT
Maryrose Dillon
Associate
T. +353 1 489 6520
E. maryrose.dillon@williamfry.ie
Louise Harrison
Associate
T. +353 1 489 6580
E. louise.harrison@williamfry.ie
Louise Moore
Assistant
T. +353 1 489 6526
E. louise.moore@williamfry.ie
Ciara Ruane
Assistant
T. +353 1 489 6644
E. ciara.ruane@williamfry.ie
Nichola Harkin
Assistant
T. +353 1 489 6616
E. nichola.harkin@williamfry.ie
Mary Greaney
Assistant
T. +353 1 639 5358
E. mary.greaney@williamfry.ie
Anne O’Connell
Associate
T. +353 1 639 5286
E. anne.oconnell@williamfry.ie
ABOUT WILLIAM FRY
Follow us on twitter
@WFEmploymentLaw
- 16 -
The research upon which this report is based was undertaken by Amárach Research. Two
separate surveys were conducted, one among employers and one among employees of
organisations operating in Ireland with 50 employees or more. A range of questions relating to
social media in the workplace was asked of both groups to allow for an employer and employee
perspective to be captured. A total of 200 employers were surveyed via telephone interviews
and 500 employees were interviewed online. All interviews were conducted in February 2013.
Amárach Research is a full service market research and consultancy firm operating in
Ireland since the 1980’s. Amárach Research is proud to be fully Irish owned, run and wholly
independent. Amárach provides a range of research and consultancy services for blue chip and
public sector clients who are seeking to gain a competitive advantage through understanding
their customers and markets in more detail. Amárach Research brings clarity to complex issues
through best in class research and analytic methods.
ABOUT THE RESEARCH
A selection of the clients of our Employment  Benefits Team
“A well-connected practice that really tries to understand its clients. I have yet to give the lawyers
a scenario which has stumped them – you can always find an expert in your area.”
Chambers Europe, 2013
notes
William Fry Social Media In The Workplace A Report On Irish Businesses May 2013
williamfry.ie
www.williamfry.ie Copyright © William Fry 2013. All rights reserved.
The material contained in this publication is provided for information purposes only
and does not constitute legal or other professional advice. It does not take account of specific circumstances
and cannot be considered a substitute for specific legal or other professional advice
Dublin . London . New York . Mountain View, CA.

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William Fry Social Media In The Workplace A Report On Irish Businesses May 2013

  • 1. Social Media in the Workplace William fry employment report 2013
  • 2. CONTENTS • Overview 3 • Recruitment 4 • Ownership 5 • Productivity 8 • Brand Protection 9 • Disciplinary Issues 10 • Social Media Policy 12 • About William Fry 15 • About the Research 16
  • 3. - 3 - Alicia Compton Employment & Benefits Partner Phone: + 353 1 639 5376 Email: alicia.compton@williamfry.ie Catherine O’Flynn Employment & Benefits Associate Phone: + 353 1 639 5136 Email: catherine.o’flynn@williamfry.ie Overview Welcome to the William Fry Employment Report 2013 which focuses on social media in the workplace. Social media platforms such as LinkedIn, Facebook and Twitter have revolutionised communication. There have been many reports on social media in the workplace internationally but the Irish workplace has not been extensively reviewed. We commissioned a survey to gain an insight into how social media is being used in the Irish workplace. The survey was conducted with 200 Irish based companies, both domestic and international, and 500 employees. The purpose of our report is to help employers manage social media in the workplace effectively, by pre-empting and avoiding potential employment issues. Our survey examines a number of areas in connection with the use of social media in the workplace, including its importance in the recruitment process, its effect on productivity, ownership of social media accounts and their contents and disciplinary issues. Our findings show that evidence on social media of behaviour such as bad language or discriminatory views of job candidates would influence employers in the decision to hire. In relation to Recruitment we consider the extent to which employers can screen the online activity of job candidates. A key emerging issue for employers is the Ownership of social media accounts and/or contacts on those accounts. The most significant challenge is what happens to work-related contacts when the employee leaves the organisation. The question of ownership should be dealt with as early on in the employment relationship as possible. We also examine issues around Productivity and whether access to social media sites during work hours decreases productivity. Business is turning to social media to enhance and strengthen brands. Social media facilitates online relationships with potential customers or clients. To assist Brand Protection, employers should set out clear guidelines on communications on social media. Disciplinary Issues may arise in connection with employees’ social media activity. Employers may be held vicariously liable for acts of bullying or harassment of employees carried out by their colleagues on social media sites. We have set out best practice for putting in place a Social Media Policy and list the issues which should be addressed when preparing a social media policy. Given the speed of developments in this area, the social media policy should be updated regularly and effectively communicated to all employees. The overriding message for employers is to implement a social media policy tailored to the needs of their organisation, to review that policy regularly, to ensure that employees are aware of the policy and understand how it affects them and to enforce it consistently. We hope you find this report interesting and informative and we welcome your feedback.
  • 4. - 4 - RECRUITMENT Our survey results indicate that employers would be influenced by evidence on social media of behaviour such as discriminatory views and bad language when it comes to job applicants. Social media provides a significant resource for recruiters in terms of sourcing candidates but is it acceptable to use social media to screen candidates? Social media screening has become an issue in other jurisdictions to the extent that several US States have enacted legislation prohibiting employers from requesting login details of the social media accounts of job applicants. There is no Irish legislation prohibiting an employer requesting login details. However, when an employer reviews a job candidate’s social media accounts, two issues should be considered. Candidates are protected by the employment equality legislation which prohibits discrimination on the grounds of gender, civil or family status, sexual orientation, religious belief, age, disability, race or nationality or membership of the Traveller community. An employer could be liable under equality legislation if a candidate can show that the reason he/she was not offered a job was connected with material relevant to one of the prohibited grounds and seen by the prospective employer on the candidate’s social media accounts. • If reviewing a candidate’s social media account forms part of an organisation’s recruitment process, let candidates know that this will take place, explain what form it will take and why it is considered necessary having regard to the nature of the job. • Ensure that information sourced from social media is obtained and retained in accordance with data protection requirements. • Ensure that any decision not to recruit an individual is not based upon any of the discriminatory grounds covered by employment equality legislation. Best Practice 86% of employers say the use of bad language on a candidate’s social media account would affect their decision to hire that candidate. 81% of employers say they would be negatively influenced by inappropriate photos/ videos on a candidate’s social media account. 82% of employers would be negatively influenced by discriminatory views on a candidate’s social media account. Data protection legislation and guidance issued by the Data Protection Commissioner suggests that employers must, at a minimum, advise candidates that online screening will take place, explain what form it will take and why screening is considered necessary having regard to the nature of the job. Other data protection obligations, including how a candidate’s personal data gleaned in the screening process should be stored and protected from unnecessary dissemination, must also be considered. SCREENING The UK’s first Youth Police and Crime Commissioner, Paris Brown (17), recently resigned from her post following criticism of messages posted by her on Twitter when she was aged between 14 and 16. The Police and Crime Commissioner responsible for recruiting Ms Brown has been criticised for not carrying out checks on social media before Ms Brown’s appointment. The Commissioner has suggested that such checks are likely to be part of future recruitment processes.
  • 5. - 5 - OWNERSHIP Ownership of social media accounts, and of the contacts, friends or followers on those accounts is an emerging issue for employers. As the economy recovers and movement increases within the job market these issues will arise more frequently. Customer or client-facing employees often set up social media accounts to reinforce customer/client relationships and may be encouraged to do so by their employer. Employees can amass a significant number of contacts, friends or followers on social media accounts. Who owns those work- related contacts and social media accounts and what happens to them when the employee leaves the employment? An employer cannot claim ownership over all work-related contacts simply because they are work-related. Disputes between employers and employees over ownership of social media material are governed by contract and common law principles developed through case law. There is no Irish case law on this issue to date, however developing UK and US case law may indicate the approach the Irish courts will take. WHOSE CONTACT IS IT ANYWAY? The leading UK case involving ownership of LinkedIn contacts is Hays Specialist Recruitment (Holdings) Limited v Ions (2008). Mr Ions left Hays to set up a rival agency. Hays suspected that Mr Ions was using confidential information about clients and contacts which he had copied to his LinkedIn account during his employment. A search of Mr Ion’s e-mail account revealed that, during his employment, Mr Ions had invited two existing clients of Hays to join his LinkedIn network. When deciding on the claim brought by Hays for breach of contract the Court considered that an employee recording client contact details with a view to their future use in a competing business was potentially a breach of the employee’s employment of employers allow employees to store work related contacts on their personal social media accounts. 8% of employers know what work related contacts their employees have on their personal social media accounts. 3% 61% of employees have work related contacts on their personal social media accounts. obligations. Essentially, while an employer may authorise employees to gather contact details on their LinkedIn accounts, that information is confidential information and remains the property of the employer. This illustrates the distinction between ownership of a LinkedIn account and ownership of the information contained within that account. The Court directed disclosure of those contacts whose names and addresses Mr Ions had taken from his work email address book and all emails sent to or received by his LinkedIn account from the Hays computer network whilst Mr Ions was an employee of Hays. He was also ordered to disclose all documents, including invoices and emails, evidencing any use by him of the LinkedIn contacts and any business obtained from them.
  • 6. - 6 - of employers have discussed with their employees the position regarding work-related contacts on social media accounts when employment ends. 17% onlyAfter her employment was terminated, Edcomm, using Dr Eagle’s LinkedIn password, accessed the account and changed the password so that Dr Eagle could no longer access the account. Edcomm then changed the account profile to display Dr Eagle’s successor’s name and photograph, although Dr Eagle’s honours, recommendations and connections were not deleted. For several weeks thereafter, a search for Dr Eagle on LinkedIn found the information for her replacement instead. The Court held in Dr Eagle’s favour and pointed out that Edcomm, although clearly concerned about its employees’ social media presence, did not have a policy in place determining who owned the accounts. LOCKED OUT OF LINKEDIN In March 2013, judgment was delivered in a US case involving ownership of a LinkedIn account. In Eagle v Edcomm, Dr Eagle, former CEO of Edcomm, filed a complaint alleging that Edcomm hijacked her LinkedIn account after her employment was terminated. While Dr Eagle was CEO of Edcomm, she established a LinkedIn account with the encouragement and assistance of Edcomm. She used this account to promote Edcomm’s services, to foster her professional reputation, to connect with her family and to build social and professional relationships. OWNERSHIP
  • 7. - 7 - We asked employers and employees to tell us who owned the followers, contacts and friends on employees’ personal social media accounts. The results show two very different points of view and a significant degree of uncertainty in the minds of employers and employees. • Deal with ownership of work- related contacts on employer or employee owned devices and social media accounts at the start of the employment relationship. • Set the boundary between personal and professional contacts and/or other important business information. • Amend contracts of employment and staff handbooks so that confidential information and post termination restrictions capture work-related contacts on social media accounts. • Require employees not to add work-related contacts to personal social media accounts or make clear the basis on which they are permitted to do so. • Require employees to delete work-related contacts from social media accounts on termination of employment. • Inform employees that they are not permitted to hold themselves out as employees on their social media accounts once their employment has ended. I OWN 52% UNSURE 47% EMPLOYER OWNS 1% EMPLOYEE OWNS 24% EMPLOYEE THINKS I OWN 63% UNSURE 31% EMPLOYER OWNS 6% WE OWN 25% UNSURE 61% EMPLOYEE OWNS 14% EMPLOYEE THINKS EMPLOYER THINKS Twitter® I OWN 37% UNSURE 56% EMPLOYER OWNS 7% WE OWN 29% UNSURE 57% EMPLOYEE OWNS 14% EMPLOYEE THINKS EMPLOYER THINKS Facebook® LinkedIn® Best Practice UNSURE 61% WE OWN 15% EMPLOYER THINKS OWNERSHIP
  • 8. - 8 - PRODUCTIVITY 81% of employees access social media sites at work. 47% of employers think that social media access, while at work, increases workplace morale. 36% of employees agree. 31% of employees access social media sites multiple times a day at work. 42% of employers allow some form of social media access while at work. Our survey indicates that 47% of employees believe that access to social media during work hours decreases productivity. It is interesting that only 38% of employers agree. As the majority of employees access social media from personal devices while at work there is limited value in imposing absolute restrictions upon employees accessing social media on employer-owned devices. If an employer is concerned about an employee’s productivity, whether it is connected with suspected high levels of social media use during the working day, or for any other reason, these concerns should be addressed through the implementation of a performance improvement plan. ON AVERAGE EMPLOYEESSPEND 56MINUTES per working day on social media sites. • Set realistic limits for employees regarding the accessing of social media sites at work whether on employer or employee owned devices. • Deal with concerns about productivity due to suspected social media usage at work in the same way as any other performance issue is dealt with - by putting a performance improvement plan in place. Best Practice
  • 9. - 9 - Business is increasingly turning to social media to enhance reputation and grow. Social media provides unique opportunities to connect and network with potential customers or clients that were simply not available before. A key issue for employers is to identify how employees will participate in this process and to set out clear guidelines as to how, what and by whom information relating to the employer’s business is communicated on social media. Employees should be encouraged to report comments concerning the business made on social media to a central point within their organisation. The potential for an organisation to interact negatively with customers and clients on social media at a speed and on a scale previously unimagined is also an issue for employers. BRAND PROTECTION 38% of employees say they would do nothing if they came across negative comments about their employer on social media sites. 56% of employers encourage their employees to report negative comments about the employer. • If employees are encouraged or required to use business social media accounts ensure that account passwords and login details are not changed by employees without permission. • Define who is permitted to post or comment on business social media accounts. • Consider whether postings or comments need to be monitored in advance to ensure appropriate content. • Ensure employees are clear about what to do if they read comments about the employer on social media. • Ensure employees are not permitted to post confidential information on personal social media accounts and are clear as to what confidential information means. • Decide whether employees may post work related photographs or comments on personal social media accounts. of employers are not concerned that confidential business information may be posted on social media sites by employees. 73% Best Practice reputation risk In a much viewed YouTube video, an employee of Domino’s Pizza was seen preparing a sandwich for delivery. It was clear from the video and the accompanying narrative by a co-worker that the sandwich was being prepared without regard to hygiene or food standards and in a way that would be damaging to the employer’s brand. Within days of the video being posted online it had been viewed more than a million times. Both employees were dismissed. In a case involving a UK supermarket chain, an employee was dismissed for posting a video on YouTube of colleagues having a fight with plastic bags. The video clip was viewed by eight people, three of whom were the managers of the supermarket where the employee worked and who took the decision to dismiss the employee. The Employment Tribunal held that the dismissal was unfair since there was no actual risk of reputational damage to the supermarket.
  • 10. - 10 - Employers may have regard to employee conduct which takes place on social media sites. Conduct which is linked or damaging to the employer, has an impact on the employee’s ability to do his/her job or causes offence to other employees, requires action. Although 51% of employers and 40% of employees say that activity on social media should be treated differently if it takes place outside of working hours, the same considerations apply regardless of when the activity takes place. When an employer is considering taking disciplinary action against an employee, the employee may say that he/she thought their social media account was private or that he/she has a right to freedom of expression. In fact, employees should not assume that posts or comments will remain private given the nature of the internet. In addition, the freedom of expression enjoyed by the employee must be balanced against the right of the employer to protect its reputation and to observe its duty of care to other employees. EMPLOYEE ACTIVITY ON SOCIAL MEDIA Kiernan v Awear (2007) was one of the first Irish cases to raise the issue of social media in the workplace. The case involved the posting of comments by Ms Kiernan about her branch manager on the social networking site Bebo, outside of working hours. The remarks were brought to management’s attention by a customer. Ms Kiernan, who had a previously clean disciplinary record, was dismissed for gross misconduct. The Employment Appeals Tribunal held that the sanction of dismissal was disproportionate to the offence. A different determination was made in O’Mahony v PJF Insurances Limited (2010), a case which involved an employee posting disparaging comments about the employer and a director of the organisation on her Facebook page. Ms O’Mahony was dismissed and challenged the dismissal before the Employment Appeals Tribunal. The Employment Appeals Tribunal held that the posts were personally offensive to one of the directors in particular and that the breach of trust was so significant that Ms O’Mahony’s position became untenable. Employers may be vicariously liable for acts of bullying, harassment or discrimination of employees carried out by their colleagues on social media sites. It will not be a defence for the employer to say that such acts were carried out without their consent or knowledge. It will be helpful to a defence however, to show that the employer took practical steps to prevent the act complained of taking place. Key to this would be to have in place a clear and comprehensive social media policy which identifies and requires appropriate conduct concerning colleagues, both during and outside of working hours, on social media sites. As with any disciplinary matter, sanctions for misconduct in relation to social media must be proportionate to the circumstances and the disciplinary process must be fair. In Toland v Marks Spencer (2013) Ms Toland was awarded €18,000 compensation in her claim for unfair dismissal. Ms Toland was dismissed for a breach of the organisation’s social networking policy. In giving evidence to the Employment Appeals Tribunal, Ms Toland said that her participation in social networking sites was limited and that she did not intend to hurt or disrespect anyone. Ms Toland did accept that by commenting on posts by other staff members she did participate in conversations regardless of her intentions. As Marks Spencer could not provide the witness who made the decision to dismiss the employee at the hearing or any notes of the disciplinary meeting, the Tribunal treated the case as an uncontested unfair dismissal. However, the Tribunal did accept that there was some contribution to the dismissal by Ms Toland as a result of her “careless misuse of a social networking site and the compensation awarded reflects this”. Disciplinary Issues
  • 11. - 11 - VICARIOUS LIABILITY The UK case of Otomewo v Carphone Warehouse (2012) illustrates the importance of having an effective social media policy in place to deal with claims of vicarious liability. Mr Otomewo was a manager in a Carphone Warehouse store. During working hours, two of Mr Otomewo’s colleagues took his iPhone without his consent and used it to post a status update on his Facebook page saying “finally came out of the closet, I am gay and proud”. Mr Otomewo brought a claim against Carphone Warehouse alleging harassment on the ground of sexual orientation. At an Employment Tribunal hearing it was acknowledged that Mr Otomewo was not gay and that his colleagues did not believe that he was gay. However, it was accepted that the status update caused Mr Otomewo embarrassment and distress as it could be seen by his friends and family. The Employment Tribunal found that it was reasonable for Mr Otomewo to be embarrassed and distressed by the status update on his Facebook page. It was unwanted and an unnecessary and unwarranted intrusion into his private life on a public space, amounting to sexual orientation harassment. The Employment Tribunal found that the comments were made in the course of employment and that Carphone Warehouse, as the employer, was liable for their actions. of employers have disciplined employees based on their actions on social media. of employees say their organisation has disciplined employees based on social media activity. 21% 26% • Ensure your social media policy states what is/is not permitted, otherwise it will be difficult to discipline an employee for any social media policy breach. • The social media policy should cross-refer to other relevant HR policies. • Before taking disciplinary action against an employee, consider whether there is a work-related context and/ or whether the activity in question actually affects the work relationship and/or impacts upon the employer’s reputation. • Regardless of what the employee is thought to have done, fair investigatory and disciplinary procedures must be followed. • Adopt a consistent and proportionate approach to disciplinary sanctions for breach of social media policy. Best Practice
  • 12. - 12 - SOCIAL MEDIA POLICY Social media is an increasingly important part of the personal lives of employees and of business life and it is here to stay. Employers should consider the issues social media raises in their workplace and regulate its use and application. Key to this is to have a comprehensive, tailored social media policy in place and to ensure that employees read and understand it. Where employees are required to use their own devices for work the social media policy should cover BYOD (Bring Your Own Device). Irrespective of whether employees use their own or employer-owned devices, employers should require employees to use privacy and lock settings to minimise the risk of unauthorised access to those devices. POLICY - WHY BOTHER? In Walker v Bausch Lomb (2009) the policy at issue was the employer’s intranet usage policy. However, the deciding point holds good for social media. In this Irish case an employee posted to the organisation’s intranet a message that had serious implications in terms of publicity and workplace industrial relations. The employee was dismissed and challenged the dismissal. The Employment Appeals Tribunal found that the organisation’s investigation was fair but that the dismissal was not. A factor in the decision was that there was no proof that the employee had ever received or reviewed the organisation’s intranet policy. Crisp v Apple (2011) is a UK case concerning Mr Crisp who worked at an Apple store and posted derogatory comments on his Facebook page about his work and certain Apple products. These comments were brought to the attention of Mr Crisp’s manager. Mr Crisp was dismissed for gross misconduct and challenged his dismissal. The Employment Tribunal upheld the dismissal. In arriving at its decision, the Employment Tribunal was influenced by the fact that training and policies on the use of social media had been provided to Mr Crisp by Apple. 43% of employees are unsure whether their organisation has a social media policy. 84% of employers say that social media is important to their organisation. Only 51% of employers have a social media policy. Of the employees who are required to use personal devices for work, 60% say that their employer does not have a BYOD policy in place.
  • 13. - 13 - Employers- Is your policy very well understood by employees? 51% NO 49% YES Employees- Do you fully understand your organisation’s social media policy? 47% NO 53% YES 1%Poster 3% Update of Contract 10%Word of Mouth 16%Manual 21%Intranet 36%Training 46%Email How is your organisation’s social media policy communicated to employees?
  • 14. - 14 - • Define the scope - apply it to personal and professional use on personal and work devices; cover activity inside and outside working hours. • Consider allowing social media access in moderation – set realistic limits regarding usage during work hours; confirm that use of social media during working hours, in breach of limits set, may constitute misconduct. • Provide guidelines for employee communications in social media - advise employees to keep personal and work-related social media activities separate; state that employees are personally responsible for their posts; advise employees to think before they engage and be mindful of third parties’ rights; inform employees of the need to use privacy settings/lock devices. • Cross-refer to other relevant workplace policies - e.g. disciplinary, bullying and harassment, equality, email and internet and data protection. • Address confidential/sensitive information - remind employees they must not discuss clients, business partners or colleagues without permission outside the organisation or post any information that is not public. • Reputation management - confirm what employees should do if they see any inaccurate or negative comments about the organisation on social media. • Ownership - confirm whether the organisation has a proprietary interest in any accounts and/or information generated by employees on social media. • Address consequences - confirm that failure to adhere to the social media policy may lead to disciplinary action. policy guidelines When preparing your organisation’s social media policy the following points should be considered: • Implement a social media policy based upon actual business needs, bearing in mind what role social media has to play in the business. • Ensure the social media policy is reviewed regularly as developments may quickly render it out of date. • Include the employer’s position on BYOD where employees are required or permitted to use their own devices for work. • Ensure the social media policy is communicated effectively to all employees. Retain proof that it has been received, read and understood. Best Practice
  • 15. - 15 - William Fry is a leading full service Irish law firm with offices in Dublin, London, New York and Mountain View, California. Our client-focused service combines technical excellence with commercial awareness and a practical, constructive approach to business issues. We advise leading domestic and international corporations, financial institutions and government organisations. We regularly act on complex, multi-jurisdictional transactions and commercial disputes. Strong client relationships and high quality advice are the hallmarks of our business. Our Employment Benefits Team’s areas of expertise include: • Advising on all legal issues relating to the employment relationship • Representing clients before courts and tribunals in discrimination claims, unfair dismissal cases, breach of contract actions, injunction proceedings and prosecutions • Industrial relations • Advising on employment and pension issues in business sales, group reorganisations, insolvencies and outsourcings • Advising on all aspects of pensions law for employers, trustees, pension product providers and individuals • Employee share plans • Providing bespoke employment law training sessions for HR personnel • Advising on health and safety matters Our clients include many leading multinational and Irish companies, pension scheme trustees and public sector organisations. Our team has advised on the employment and pensions aspects of many of the major corporate transactions in Ireland in recent years. We have successfully represented clients in a number of High Court and Supreme Court cases in which the judgments handed down have clarified key points of Irish employment law. Recent directory commentary includes: “Practice head Boyce Shubotham is ‘tactically astute in all his dealings’, Maura Roe ‘remains calm and focused’, and Alicia Compton is ‘excellent’.” (Legal 500 EMEA, 2013) “A well-connected practice that really tries to understand its clients. I have yet to give the lawyers a scenario which has stumped them - you can always find an expert in your area.” (Chambers Europe, 2013) “William Fry is fabulous. It understands the issues clients face and ensures transactions progress smoothly...” “Everyone we deal with is just superb. We value the team’s judgement and view them as colleagues” (Chambers Europe, 2012) “William Fry’s ‘first class’ team is capable of ‘devising and delivering a solution’ that clients are happy with.” (Legal 500 EMEA, 2012) Boyce Shubotham Partner T. +353 1 639 5362 E. boyce.shubotham@williamfry.ie Alicia Compton Partner T. +353 1 639 5376 E. alicia.compton@williamfry.ie Maura Roe Partner T. +353 1 639 5246 E. maura.roe@williamfry.ie Michael Wolfe Partner T. +353 1 639 5204 E. michael.wolfe@williamfry.ie Liam Connellan Partner T. +353 1 639 5110 E. liam.connellan@williamfry.ie Catherine O’Flynn Associate T. +353 1 639 5136 E. catherine.oflynn@williamfry.ie Aisling Butler Associate T. +353 1 639 5178 E. aisling.butler@williamfry.ie Lorna Osbourne Assistant T. +353 1 489 6408 E. lorna.osbourne@williamfry.ie CONTACT Maryrose Dillon Associate T. +353 1 489 6520 E. maryrose.dillon@williamfry.ie Louise Harrison Associate T. +353 1 489 6580 E. louise.harrison@williamfry.ie Louise Moore Assistant T. +353 1 489 6526 E. louise.moore@williamfry.ie Ciara Ruane Assistant T. +353 1 489 6644 E. ciara.ruane@williamfry.ie Nichola Harkin Assistant T. +353 1 489 6616 E. nichola.harkin@williamfry.ie Mary Greaney Assistant T. +353 1 639 5358 E. mary.greaney@williamfry.ie Anne O’Connell Associate T. +353 1 639 5286 E. anne.oconnell@williamfry.ie ABOUT WILLIAM FRY Follow us on twitter @WFEmploymentLaw
  • 16. - 16 - The research upon which this report is based was undertaken by Amárach Research. Two separate surveys were conducted, one among employers and one among employees of organisations operating in Ireland with 50 employees or more. A range of questions relating to social media in the workplace was asked of both groups to allow for an employer and employee perspective to be captured. A total of 200 employers were surveyed via telephone interviews and 500 employees were interviewed online. All interviews were conducted in February 2013. Amárach Research is a full service market research and consultancy firm operating in Ireland since the 1980’s. Amárach Research is proud to be fully Irish owned, run and wholly independent. Amárach provides a range of research and consultancy services for blue chip and public sector clients who are seeking to gain a competitive advantage through understanding their customers and markets in more detail. Amárach Research brings clarity to complex issues through best in class research and analytic methods. ABOUT THE RESEARCH
  • 17. A selection of the clients of our Employment Benefits Team “A well-connected practice that really tries to understand its clients. I have yet to give the lawyers a scenario which has stumped them – you can always find an expert in your area.” Chambers Europe, 2013
  • 18. notes
  • 20. williamfry.ie www.williamfry.ie Copyright © William Fry 2013. All rights reserved. The material contained in this publication is provided for information purposes only and does not constitute legal or other professional advice. It does not take account of specific circumstances and cannot be considered a substitute for specific legal or other professional advice Dublin . London . New York . Mountain View, CA.