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Employment Law
CPD Points:
Up to 1 point. details »

Due to the difference in guidelines between the SRA and the Bar Standards Board, CPD points are awarded differently for Solicitors, Barristers and Legal Executives:

Regulated by the Solicitors Regulation Authority:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Regulated by the Bar Standards Board:
Listen and pass the quiz: Gain 1 accredited CPD point (60 minutes)

Regulated by ILEX:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

  • FREE
30 minutes of audio
(+ optional 5 minute online quiz)
Plays on Computer:
Yes Downloadable as MP3:    Yes
Course Aims:

This podcast discusses the social networking phenomenon and how websites such as LinkedIn, Twitter and Facebook may interface with the employee/employer relationship. It will consider how issues such as discrimination, harassment, misconduct and confidentiality might arise in this context. It will also highlight the part that a company social media policy can play and give recommendations as to what should be included in one.

After completing the course you will:
  • Be aware of the advantages and disadvantages of social media in the workplace;
  • Be able to recognise potentially inappropriate online conduct that might put employees at risk of dismissal;
  • Appreciate the factors an Employment Tribunal will be considering when approaching unfair dismissal claims;
  • Be aware of recent examples that help to illustrate how the Courts have approached dismissals following an employees online conduct;
  • Understand the potential issues arising from publication of confidential information;
  • Know the obligations on an employee after leaving employment;
  • Have considered how sites such as LinkedIn impact on rules relating to trade secrets and customer contact lists;
  • Understand the risks attached to monitoring prospective employees on social media sites during the recruitment process;
  • Be aware of the issues employees need to be aware of relating to online defamation;
  • Have considered the part a company social media policy can play.
General Interest Difficulty: 2 of 5
Legal Principles
Practical Guide
Sources and References:
  • British Home Stores v Burchell;
  • Copland v United Kingdom [2007] ECHR 253;
  • Crisp v Apple Retail;
  • Gosden v Lifeline Project Limited ET/2802731/09;
  • Hayes Specialist Recruitment (Holdings) Ltd v Ions [2008] IRLR 904;
  • Jones v Tower Boot Co Ltd [1997] ICR 254;
  • McGowan v Scottish Water (EATS/0007/04);
  • McKie v Swindon College [2011] EWHC 469 (QB);
  • Niemietz v Germany (1992) 16 EHRR 97;
  • Pay v United Kingdom [2009] 1RLR 139;
  • Pennwell Publishing (UK) Ltd v Ornstein [2007] IRLR 700 Preece v JD Wetherspoons ET/2104806/10;
  • Regulation of the Investigatory Powers Act 2000 and the Telecommunications (Lawful Business Practice) (Interception of Communications) Regulations 2000 (SI 2000/2699);
  • The Data Protection Act 1998;
  • The Human Rights Act 1998;
  • Totalise Plc v The Motley Fool Ltd [2001];
  • Whitham v Club 24 ltd ET/1810462/10;
  • WRN Limited v Ayris [2008] EWHC 1080.

In this podcast Employment Law specialist Elaine Banton, a barrister from 7 Bedford Row Chambers considers the impact of social media in the workplace and the policies that should be in place to protect both employers and employees from the potential pitfalls.

Date added:12/01/12

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