Guide to regulating business use social media
Business networking sites, like “LinkedIn”, “Twitter”, “Facebook” and “Google+” present a real and present danger to your business because they allow your staff to invite your clients/ their employees to connect with your staff directly creating a future contact method which sits independently of your business.
This will of course make it very easy for departing employees to update their social media platforms to let contacts know where they are going next. This will make it very very difficult for you to police/prove solicitation and breach of a related restrictive covenant e.g. does updating a LinkedIn profile page, to show new employer details, equate to soliciting?
Possible solutions:
If business networking sites do not form part of your marketing strategy then introduce a policy to prohibit such usage including a prohibition against making contacts/linking with your contacts/clients/their employees. The issue here that policing such a policy is likely to be difficult and given the widespread use of social media a better approach may be to allow use but to train staff on how they should do so.
If business networking sites do form part of your businesses marketing strategy:
Tell staff that any client contacts they add to LinkedIn (with your permission) will remain your confidential information/your contacts.
Make it a contractual term that such contacts must not be used during any period of post-employment restriction or garden leave. You should also consider inserting a contractual provision requiring the departing employee to remove such contacts during notice and prior to them updating their employment status on any social media platform.
If you need advice or have any questions in relation to the above, please contact David Greenhalgh on 020 3603 2177.
Common Questions Answered
Why do I need a lawyer to review my settlement agreement?
UK law requires independent legal advice to be taken before a settlement agreement can become legally binding. Without it, the agreement is unenforceable. An experienced employment lawyer will ensure you understand every clause and that your interests are fully protected.
How much does it cost to get a settlement agreement reviewed?
Your employer will usually pay for you to get independent legal advice on the terms and effect of your agreement. This is standard practice and is typically written into the agreement itself as a contribution towards your legal costs.
Can my settlement agreement be improved?
Often, yes. David regularly negotiates for increases in value, better exit terms and stronger protections for his settlement agreement clients. Even where an employer presents a figure as “final”, there is frequently room to negotiate.
How long does the process take?
With David, many clients get to sign-off in a matter of days if all they need is advice and sign-off. On urgent agreements David provides a same-day service, so a tight deadline is never a barrier to getting the right advice.
