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Employers warned against checking out job candidates on social networking sites |
Employers should be wary of searching the internet for potential employees’ personal profiles, as they run the risk of facing an Employment Tribunal claim for discrimination or harassment, warns a leading Shropshire employment lawyer.
Alasdair Hobbs, Partner in the Employment Department at Shropshire law firm FBC Manby Bowdler LLP, says that up to 45% of employers now use social networking sites as part of their recruitment process. “The law does not prevent an employer from viewing prospective employees’ personal profiles, but this is not best practice, as they may leave themselves open to potential discrimination claims from candidates on the grounds of sex, age, race or religion, as many of these facts have been freely disclosed by users of social networking sites,” explains Mr Hobbs, who is based in FBC Manby Bowdler’s Telford office.
“Even if employers just see a picture of a prospective employee on an online profile, this could result in a claim for discrimination, say if the candidate in question is not selected for interview,” says Mr Hobbs. “So if personal profiles are viewed, this should be done in pairs or by a panel, certainly not by one individual.” According to Mr Hobbs, the tide is already turning against the use of social networking sites in the recruitment process and European law may one day deem it illegal.
He says: “A number of employers have already banned the use of social networking sites, with one HR Director likening it to ‘going into somebody’s house and searching through their cupboards’, while Germany is considering making it illegal for all employers on the grounds that information on social networking sites is not publicly accessible, but designed to serve communication purposes. Where Germany leads, Europe often follows.
Mr Hobbs continues: “If UK employers insist on using social networking sites during any recruitment process, then extreme care should be taken, and it is vital that the company recruitment policy is put in writing and adequate training provided. “This should help to avoid such scenarios as a manager using social networking sites to search all job applicants and find out all the information necessary to discriminate against candidates, without Human Resources being aware. “Finally it is always best practice to fully document the recruitment process, so that should there be any complaint or litigation there is paper trail which can be used to defend the claim.”
With more than 40 qualified staff in offices in Shrewsbury, Telford and Bridgnorth, FBC Manby Bowdler is one of the largest law firms in Shropshire.
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