Can You Ask Your Employees For Their Facebook Password?

Facebook Password: Are You Legally Obliged To Give Yours To Your Employer?

Paul Whitfield comments in the Financial Times on the new trend of employer’s asking employees for their Facebook Password:

Read the whole piece HERE

Q: I was recently asked to hand over my Facebook password at a job interview. I thought this was outrageous but after talking to friends realise it is quite common, especially after Facebook publicised its new privacy settings. What should I so in this situation? Am I legally obliged to hand it over? Obviously I am concerned that they will get more access to my life than I’d like a prospective employer to see.

This relatively new development from the USA is spreading to the UK as an evolution of an already common practice: Recruiters conducting online research into candidates such as viewing their public profiles on social networking sites and carrying out Google searches.

can your employer ask for your facebook password Can You Ask Your Employees For Their Facebook Password?

As is often the case, the law is far behind technological advances. Germany already outlaws this sort of conduct. In the USA on the other hand, an attempt to create similar legislation on the issue failed in the House of Representatives on 28 March.

The world’s largest social networking platform, Facebook has now threatened to bring claims against anyone who asks for people’s private passwords.

Facebook’s Chief Privacy Officer recently issued a statement which stressed that the practice undermines the privacy expectations and security of users and their friends. The statement went on to highlight how giving your password to a potential employer would be in breach of the site’s terms of use.

You are under no circumstances obliged to hand over any of your personal passwords. However, it isn’t unlawful for a potential employer to ask for it either. In reality, and perhaps unfairly, you are probably unlikely to get the job if you refuse. I would anticipate widespread outrage at this notion but, nonetheless, there is no obvious cause of action since you always have the right to refuse such a request.

If you did hand over your password and then didn’t get the job, you might be able to bring a claim. In this scenario it is the employer who is taking a risk in accessing your account. They might discover that you are pregnant, gay or suffer from a disability: all unlawful reasons not to give you the job and could enable you to bring a claim for discrimination. It would be hard for the employer to prove that information from your personal accounts didn’t influence their decision.

Paul Whitfield is a solicitor at Fox Whitfield.

Employment Tribunals – The Office Party Hangover

Employment Tribunals Caused At The Office Party

At this time of year employment lawyers are often busy trying to cure legal hangovers and employment tribunals caused at the office Christmas party. Paul Whitfield looks at some of the common causes and cures.

1. Sexual Harassment

Without doubt this is the most common employment tribunals claim brought following office parties. The combination of alcohol and a more relaxed environment can lead to inappropriate comments and behaviour. Many sexual harassment employment tribunal claims are brought following office parties. We have also dealt with a claims arising out of inappropriate secret Santa gifts.

Employers will normally be liable for the conduct of its employees during an office party. This also applies to harassment on the grounds of age, religion, disability, race and sexual orientation.

Prevention is better than cure, try and avoid the need for any employment tribunals. Without being a humbug it is worth reminding employees in advance of party what sort of conduct is acceptable. Many employers have a “Social Events Policy” setting  out acceptable behaviour at events.

2. Alcohol

employment tribunals office parties Employment Tribunals   The Office Party Hangover

The safest but also the most unrealistic policy would be to ban alcohol. Realistically, employers should be aware of the risks involved in providing alcohol to their employees and consider limiting the amount of free drinks. There have been cases in the past where an employer was found liable for facilitating the supply of alcohol to underage employees. Employment tribunals have also found employers partially to blame for the misconduct of their own employees when they have provided a free bar and encouraged excessive drinking.

Good practice would be to always have non-alcoholic drinks available and to have at least one manager present at the party to ensure no one overindulges to excess.

Employers should also consider providing transportation to and from the venue or at least provide taxi firm numbers to avoid the risk of any employees driving under the influence of alcohol.

If the party is a midweek party then it would also be worthwhile reminding employees that they are required to work the following day unless booked as holiday.

3. Social Media

Everybody these days has a camera or a video camera on their mobile phone. Smartphones mean employees can take photographs or video footage at the party and have it uploaded to Facebook or YouTube within minutes. This combined with alcohol can be a dangerous cocktail.  A number of employment tribunals have centred around unflattering pictures and videos and associated comments. We are aware of at least one case this Christmas where an employee’s tweets from the office party has led to their dismissal for gross misconduct.

This is a very difficult area to police and again may be worth covering in either a social media or social events policy.

The key, as with many things is to bear the risks in mind when planning the event and if necessary have a policy in place and remind the employees of that policy in advance.

Fox Whitfield have considerable experience in dealing with these sorts of hangovers but can also help you plan and draft any necessary policies.

Contact us on 0161 283 1276 or Paulw@foxwhitfield.com

Employment Lawyers In Manchester – Expansion For Fox Whitfield

Employment Lawyers In Manchester Open Two New Offices

Fox Whitfield1 1024x335 Employment Lawyers In Manchester   Expansion For Fox Whitfield

When it comes to employment lawyers in Manchester, Fox Whitfield has successfully managed to grow and expand in a short period of time. Paul Whitfield founded niche employment law practice, Fox Whitfield, in February 2010. Since then he has established a broad base of both employer and employee clients both locally and as far away as Kent, London, Lincolnshire and Edinburgh. What has been particularly encouraging is the huge number of those new clients that are from personal recommendations.

Fox Whitfield quickly established a strong reputation for providing practical and honest advice at a cost effective price. They seek to resolve issues by working with clients and their individual situations rather than simply advising on the legal position. As a result, many clients moved to Fox Whitfield after finding their proactive and open approach a refreshing change.

This approach has successfully resolved a wide range of matters from High Court Injunctions to compromise agreements, HR Advice, unfair dismissals to complex employment tribunal hearings.

With almost a hundred new clients, Fox Whitfield is undertaking a phase of growth and investment, including opening two new offices in Warrington and Lincolnshire.

Paul Whitfield explains “Rather than operating as a conventional law firm Fox Whitfield works in a modern and innovative way. Current technology means our lawyers work efficiently from satellite offices rather than being permanently based in one central office. Much of the physical infrastructure traditionally required by a law firm is no longer needed and the reduced office space and administration enables us to pass considerable savings on to clients without compromising on the quality of advice given.”

Peter Krick will lead the new Lincolnshire Office.

Peter qualified in 1985, and deals with all forms of employment law, he also deals with civil litigation matters. Peter was previously head of employment at a regional firm and as such brings a wealth of experience to Fox Whitfield.

Jill Shields is to head Fox Whitfield’s new Cheshire office, based in Warrington.

Prior to Fox Whitfield Jill ran her own Employment Law consultancy providing all aspects of employment law and HR advice. This included a monthly fixed fee employment law helpline service which will be continuing under Fox Whitfield.

Paul Whitfield is delighted to be welcoming two solicitors of such calibre. They will both be central to the continuing expansion of both the Firm’s reputation and size.

Fox Whitfield’s solicitors are always happy to speak to potential clients without charge about individual situations to see if it would be worth taking formal advice. Wherever possible we undertake work on either fixed or capped fees agreed up front so there is no surprise with unexpected costs.

Contact Paul; 0161 283 1276 paulw@foxwhitfield.com

Contact Jill; 01606 891933 jills@foxwhitfield.com

Contact Peter; 01522 702164 peterk@foxwhitfield.com

Fox Whitfield is regulated by the Solicitors Regulation Authority [Roll Number 524972]

Employment Law

Starting A New Business in Employment Law

FoxWhitfield was set up in February 2010 by solicitor, Paul Whitfield previously of Pinsent Masons. This article reveals the man behind the fast growing employment law practice in Didsbury, Manchester.

Have you always wanted to be a solicitor?

No. In fact I was a zoologist before I retrained in Law. It was my wife’s idea and I gave up work to go back to university for two years whist she worked to support us both. It was tough at the time but looking back 13 years on it was the best decision I ever made.

Why specialise in employment law?

Employment law is about people and their relationship with their employer and how that interacts and, at times, clashes with the law. Each case is different and the constantly changing law makes it a fascinating field to work in. It also throws up bizarre and unexpected cases from time to time. For example; I successfully defended one company from an employee who claimed she was being discriminated against. Her claim was that she was being harassed at work because she had told people that she was engaged to a member of a famous boy band. She said she had been ridiculed and gossiped about because people thought this singer was gay and this was discriminatory.

What makes FoxWhitfield different?

employment law Employment LawFox Whitfield provides a genuine alternative to both large city firms and the traditional high street law firm. Specialising in a single area of law enables us to provide the highest levels of advice, client care and responsiveness at a significantly lower cost than the large firms. In many cases large firms regard smaller businesses, individuals and new start ups as unprofitable even if they could justify paying large firm rates. Often clients are also let down by the lack of specialist advise from smaller more generalist firms.

I have never wanted to be a salesman, and I still have no intention of becoming one now. My clients come mostly from personal recommendations from existing clients. One of the things I love about working for myself is the freedom to take the time to get to know my clients and make sure that I understand their needs and background. It is by knowing my clients and their businesses that enables me to offer truly bespoke advice that reflects their approach, ethos and values.

When clients get this level of service from someone who is genuinely interested in helping them and who will really work with them there is no need to sell.

Why set up a new business in the recession?

Many businesses have either gone through or are having to consider cost savings measures, such as redundancies, pay freezes or reducing hours. At the same time those people losing their jobs are finding it harder than ever to find new work.

Employment law has never been more complex or more busy than now. The last government brought in a huge number of new employment laws and this combined with the recession forcing many businesses to reduce employee numbers or change contracts of employment to survive means that more and more businesses need expert legal advice. Particularly when more and more employees are willing to complain and bring claims than in the past.

Will the new government change this at all?

No. They have promised to review employment laws and said that they will reduce the amount of new legislation for employers by only bringing in new regulations if they cut existing ones. However, they can’t just undo the laws already in place.

The Coalition Agreement sets out a number of future policies that will have very important implications for employers:

  • The government is to “phase out” the default retirement age of 65.
  • There will be consultation about extending the right to ask for flexible working to all employees
  • They will support the National Minimum Wage but have not promised to continue to increase it
  • Non EU immigration will be limited
  • Public sector pay and pensions are to be reviewed

What is the biggest challenge in your work?

Without any doubt it is keeping up to date with the law. Employment law really does change all the time and it is essential to know what has changed and what is likely to change all the time. The way to deal with an issue one week may well be the wrong way a week later. It is hard enough for me to keep on top of this when it is what I do every day. It must be a nightmare for people who are also trying to run a business.

What is the most common question you are asked?

In the past I would said it was “What can we do with employees with poor sickness records”, this can be a very difficult issue for employers to deal with balancing the business needs with those of an ill employee. One impact of the recession is that sickness absence levels are at the lowest they have been in years. These days the most common issue would be about managing redundancies and reducing the risk of claims.

What one piece of advice would you give to a business considering making redundancies?

Talk to the employees. In any redundancy it is essential to consult with the affected employees about your plans. The sooner you do this the less likely you are to are to have claims brought against you or for those claims to succeed. It is important to begin this consultation before you make any final decisions. I would also say that it is always best to take early specialist advice. It may be that something simple such as when you need to start consultation avoids expensive claims if you get it wrong.

I am always happy to speak to people without charge to see if it would be worth taking some formal advice. Wherever possible I undertake work on either fixed or capped fees agreed up front so there is no sudden surprise with the costs.

Paul can be contacted on 0161 283 1276 or click here

Employment Tribunal Claims

Paul Whitfield has specialised in employment law for over a decade. Paul looks at some FAQs about Employment Tribunal Claims.

Is it true that Employment Tribunal Claims are increasing?

No. In fact the most recent statistics from the Tribunals for October to December 2010 show a drop in the number of employment tribunal claims by over 50%. However, even this lower figure represents almost 80,000 claims being lodged against employers by employees in that three month period.

employment tribunal claims Employment Tribunal ClaimsWhat are people claiming?

The most common employment tribunal claims (30%) are for unfair dismissal, breach of contract or redundancy. 19% were for unpaid wages.  17% were for holiday pay or other Working Time Directive claims and 14% were associated with Equal Pay. The majority of remaining claims dealt with discrimination and there was a trebling of age discrimination claims in the period.

Are these statistics good news for employers?

It would seem so but the statistics may not represent the reality of the situation. A recent survey conducted by the Chartered Institute of Personnel and Development (CIPD) suggests that more and more employers (7 out of 10 surveyed) are using compromise agreements rather than risk employment tribunal claims. As a result although there are fewer claims it does not necessarily mean that there are fewer disputes.

The CIPD survey found that over 50% of employers served has experienced a malicious complaint by an employee and that the Tribunal system meant that employers had no protection against such claims.  The legal costs and management time costs of dealing with claims can be very high even if the claim can be successfully defended. In most Tribunal claims each party has to pay their own legal costs even if they are successful. Costs are only awarded in a very small number of cases where one party has acted unreasonably.

Why use a compromise agreement?

A compromise agreement is the only effective way for an employee to give up their statutory employment rights usually in exchange for a payment from the employer. The agreement has to comply with strict rules and the employee has to take independent legal advice before signing the agreement.  The CIPD survey found the average payment being made under a comprise agreement was £10,000. Fox Whitfield’s experience is that more and more disputes are being settled at a very early stage by the use of compromise agreements.

How easy is it to lodge a claim with the Employment Tribunal?

It is very simple. The ET1 form can be filled in on-line and with a click of a button submitted to the Employment Tribunal. There is currently no fee to pay to lodge a claim but this is under review. Employees only have a short period, normally of three months, to lodge a claim.

What do I do if I have a claim made against my company?

It is essential to act quickly as the response to the claim must be presented to the Tribunal within 28 days. Legal advice should be sought urgently to ensure the response can be prepared and submitted within that time. Failure to lodge a response in time may result in you being unable to defend the claim.  Fox Whitfield will normally offer a fixed fee to draft and lodge the response for its clients.

Paul can be contacted on 0161 283 1276 or Paulw@foxwhitfield.com or click here for more options.