social media & personal harassment

call us on 1890 252 923 or go online at peninsula-ie.com

• “There is no gesture more devastating than the back turning away.”

Tony Kerins Bsc MSII MICS

PENINSULA BUSINESS SERVICES

Social Media & Personal Harassment


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Currently handling 250 live tribunal cases exclusively on behalf of employers

1200 calls per week to our advice line

Working in partnership with both small businesses and large organisations with in-house HR systems & Departments for Employment Law and Health and Safety issues

Offices in both Dublin and Belfast

Peninsula Perspective


1. Overview of Employment Law Health and Safety Climate in relation to Social Media

2. Social media Statistics & Usage

3. What this means for employers

4. Steps an Employer can take to limit exposure

5. Social Media & Legislation

6. Bullying/Harassment

Outline of Today’s Session


Health & Safety


Have you got written H&S system?

Is it regularly updated?

Are all employees trained & guided through this on induction? Do you have proof?

On going training on H&S?

Staff & management fully aware of H&S responsibilities?

Health & Safety Check


The Safety, Health & Welfare Act 2005

The issue for all employers is that of

compliance with the legal requirements


Provision of :

A Health and Safety Management System

Plant and Systems of Work (includes maintenance)

Information, Instruction, Training and Supervision

Safe Place of Work (includes access and egress)

Suitable Work Environment, Facilities and Welfare

Legal Requirements (Employer’s)


To take reasonable care of themselves and others who maybe affected by their actions

To co operate with their employer to ensure that any health and safety criteria is met

Not to intentionally or recklessly interfere with anything provided in the interest of safety

Legal Requirements (Employer’s)


What are our Responsibilities

• This Duty of Care means employers must behave and react reasonably in relation to such matters.

• Managers and supervisors have a particular responsibility to promote dignity in the workplace for all.

• Employers and their agents should be alert to the possibility of bullying behaviour and be familiar with the policies and procedures for dealing with allegations of bullying.

• It is important to understand the Employers and Managers behaviour may be modelled by others, as it may be considered acceptable.

• Therefore managers, supervisors and those in authority should be aware of their own behaviour at work and not engage in improper conduct in any form


Civil

– Personal injuries action against public liability or employers liability policy. Personal injuries to life/limb BUT ALSO non physical as a result of stress and/or bullying in the workplace

Criminal

– Convictions, fines and/or imprisonment

Vicarious Liability

– For employers for acts or omissions by employees, servants or agents

Liability For The Employer


Compliance Control

Confidence Caring


Social Media

The Psychosocial Hazard


Social Media & Online Usage In ROI

A report by Mediascope reported in the Irish Independent on July 5th 2012 found that Irish people when compared to our European counterparts use internet services significantly more

It showed that 80% of Irish people are online when compared to the EU average of 65%


Social Media Statistics Usage

Report from UK polled 1,000 British workers and found that nearly 6% or 2 million people spent over an hour per day on social media while at work (myjobgroup.co.uk) • That amounts to 12.5% of their entire day • In 2011 Peninsula’s own study found 67% of

employees admitted to checking their social networking site during work hours


Negative Impact on the Workplace

It presents an easy way of publically expressing personal views on anything including:

– Other staff members

– Members of Management

– Customers, Clients, Suppliers

– Other Stakeholders


What Does This Mean For Employers?


How Can It Affect The Workplace

• Can lower productivity

• Can waste time and other resources

• Can be a source of Viruses and Malware to the organisation

• Can create privacy Issues


How Else Can It Affect The Workplace

Can change working relationships between employees and the organisation

Can give a person a sense of anonymity when carrying out:

– Bullying

– Harassment

– Victimisation


What Steps should an employer take to limit

exposure?


Prevention

An employer needs to be aware of the potential Legislation issues that social media can create

And

Put in place prevention tools procedures to ensure they safeguard their employees and business


IT Usage Policies

An IT Policy is important because ….

– Duty of Care

– Good business sense

– Legal requirements – consequences

– Change culture

– Cost

– Media publicity


Social Media Risks & IT Policies

Most companies will have an IT policy but what does it say on

– Internet usage?

– E-mail usage?

– Social media usage?

– Mobile phone usage?


Social Media and Legislation


Social Media and Legislation

Social media Legislation is in its infancy in the Republic of Ireland and cases involving employees are relatively new

But given recent events …..


Legislation Reform

• It is clear that regulation and enforcement is required

• The fast pace of communication media will continue to cause problems for legislators as Legislation is a reactive action while technology research and development is proactive and fast paced


Social Media And Current Legalisation

1. Employment Equality Acts

2. Health and Safety Acts

3. Vicarious liability



Employment Equality Acts 1998-2010

• Their purpose are to promote equal treatment between persons irrespective of their social circumstances

• And make provision in relation to harassment and discrimination in the workplace



Discriminatory grounds – there are 9 grounds – Gender – Civil Status – Family status – Sexual orientation – Religious beliefs – Age – Disability – Race – Membership of the Traveller Community



There are two forms of discrimination

– Direct discrimination

Deliberate action to disadvantage employees or other persons

– Indirect discrimination

Action which is not deliberate but which has the effect of disadvantaging employees or other persons



Where an employee writes on a social media website inappropriate comments, tweets, posts questions or places photo’s or Images, whether intentional or deliberately, can place that person and the organisation at risk.



Health, Safety & Welfare at Work Act, 2005 Bullying is defined as

“Repeated inappropriate behaviour, direct or indirect, whether verbal, physical or otherwise, conducted by one or more persons against another or others, at the place of work and/or in the course of employment, which could reasonably be regarded as undermining the individual's right to dignity at work''.



Harassment is defined as

“any act or conduct including spoken words, gestures or the production, display or circulation of written words, pictures or other material if the action or conduct is unwelcome to the employee and could reasonably be regarded as offensive, humiliating or intimidating. and has the purpose or effect of violating that employee’s dignity”

Personal Harassment is unlike bullying, as it can consist of one single act in certain circumstances.


Social Media And Current Legislation

Cyberbullying is defined as

“actions that use information and communication technologies to support deliberate, repeated, and hostile behaviour by an individual or group, that is intended to harm another or others.”



A principal risk of social media is inappropriate use.

Employers may be vicariously liable for the inappropriate behaviour and suffer reputational damage as a result



What Is Vicarious Liability ?

Liability remains with the Company whether the act is

committed with or without, the employer's knowledge and

approval.

The employer must prove that diligence has been exercised

and that due steps have been taken which are reasonably

practicable to eliminate any unwarranted behaviour.

Otherwise, it can be held liable under both Criminal and Civil

Law.


Harassment and the Duties of an Employer


The Employers Responsibilities

• Employers have a Duty of Care to carry out a workable Harassment Policy.

• Management are responsible not only for their own conduct, but also for the inappropriate conduct by employees during the course of their employment


The Employers Responsibilities

• If the employer fails to provide a Policy and set of Procedures to deal with Harassment, there will be an IMPACT :-

– On the Organisation

– On the Individuals Affected


Impacts of Harassement/Bullying In The Workplace

–poor morale and employee relations.

– loss of respect for Managers.

– lost productivity.

– absence.

– above average turnover of staff.

–damage to Organisation’s reputation.

– Tribunal cases and costs if lost.


Harassment Policy

• Introduction

• Policy

• Examples of harassment

• The environment

• Complaints procedures

– Informal

– Formal

• General notes


Further Steps

What Else Can We Do To Help Prevent Such Events


Some Implications

• Upset within workforce

• Disconnect between workers and management

• STRESS

– And what that leads to


By Peninsula Business Services Ltd.

What is Stress?

‘Stress’ is not a myth, and it is not a psychiatric illness.

It is defined as the adverse reaction people have to excessive pressure or other types of demands placed on them (H.S.E (U.K) 2005).

The Health and Safety Authority defines workplace stress as arising; “when the demands of the job and the working environment on a person exceeds their capacity to meet them”.

Stress can be broadly defined as the negative reactions people have to aspects of their environment. Work-related stress simply refers to those reactions due to pressures within the working environment



• STRESS had been identified by the World Health Organisation as a modern Epidemic. Statistics show that 4 out of 5 people suffer from stress disorder (World Health Organisation) and that one in ten people fall victim to overstress.


Some Stress Facts • Studies indicate that it affects more than 25 per cent of

employees. A recent report for the Health and Safety Authority put its cost to the economy at €200 million a year.

• In a survey last year by EU research agency Eurofound, 46 per cent of Irish people said they were stressed in work or at home, while 12 per cent said they were stressed in both.

• A 2010 study of Irish workers by the same agency found 70 per cent of respondents worked to tight deadlines, 36 per cent said their job required hiding their feelings and 14 per cent said they had to perform tasks that conflicted with their values.

• One thing being increasingly diagnosed is burnout. But practitioners say they don’t know whether this is due to the recession or greater awareness of work-related ailments.



The ESRI/NCPP employee survey contains findings on overall levels of work-related stress, as follows:

A significant proportion of Irish employees reported experiences of work pressure:

82% agree or strongly agree that their job requires them to work very hard;

51% agree or strongly agree that they work under a great deal of pressure;

38% agree or strongly agree that they never have enough time to get everything done in their job;

47% agree or strongly agree that they often have to work extra time over and above their formal hours to get through the job or help out.



Signs and symptoms of excessive

job and workplace stress

SIGNS Feeling anxious, irritable, or depressed

Apathy, loss of interest in work Problems sleeping

Fatigue

Trouble concentrating

SYMPTOMS Muscle tension or headaches Stomach problems Social withdrawal Loss of sex drive Using alcohol or drugs to cope



What do I have to do?

• The Safety, Health and Welfare at Work Act, 2005, requires employers to put in place systems of work which protect employees from hazards which could lead to mental or physical ill-health.

• There is also an obligation on employers to draw up a written risk assessment of all known hazards, including psychosocial hazards, which might lead to stress


Five Ways to Dispel Stress

• 1 Take time out. When stress is mounting at work, try to take a quick break and move away from the stressful situation. Take a stroll outside the workplace if possible, or spend a few minutes meditating in the break room. Physical movement or finding a quiet place to regain your balance can quickly reduce stress.



• 2. Talk it over with someone. In some situations, simply sharing your thoughts and feelings with someone you trust can help reduce stress. Talking over a problem with someone who is both supportive and empathetic can be a great way to let off steam and relieve stress.



• 3. Connect with others at work. Developing friendships with some of your co-workers can help buffer you from the negative effects of stress. Remember to listen to them and offer support when they are in need as well.



• 4. Look for humour in the situation. When used appropriately, humour is a great way to relieve stress in the workplace.

• When you or those around you start taking things too seriously, find a way to lighten the mood by sharing a joke or funny story.


• 5 It's in the owner/manager's best interest to keep stress levels in the workplace to a minimum. Managers can act as positive role models, especially in times of high stress, by following the tips outlined in this article. If a respected manager can remain calm in stressful work situations, it is much easier for his or her employees to also remain calm.

•Use the following methods

Train managers or employers to reduce job stress ?


Improve communication

• Share information with employees to reduce uncertainty about their jobs and futures.

• Clearly define employees’ roles and responsibilities.

• Make communication friendly and efficient, not mean-spirited or petty.


Consult your employees

• Give workers opportunities to participate in decisions that affect their jobs.

• Consult employees about scheduling and work rules.

• Be sure the workload is suitable to employees’ abilities and resources; avoid unrealistic deadlines.

• Show that individual workers are valued.

• Offer rewards and incentives.

• Praise good work performance, both verbally and officially, through schemes such as Employee of the Month.


Cultivate a friendly social climate

• Provide opportunities for social interaction among employees.

• Establish a zero-tolerance policy for harassment.

• Make management actions consistent with organizational values.


Harassment Policy

What should it set out?

• Introduction

• Policy

• Examples of Harassment

• The Environment

• Complaints procedure

– Informal

– Formal

• General Notes


Steps that can be taken to help prevent harassment

occurring


Employee Assistance Programme (EAP)

EAP - wellbeing at work

As outlined by the Employee Assistance Professional Association (EAPA) Standards and Professional Guidelines (2003) an EAP is;

“a worksite-based programme designed to assist in addressing productivity issues, and Identifying and resolving personal concerns.”


Benefits of an EAP Scheme

Benefits to Employers

– Can reduce Litigation

– Paternal approach from Managerial and HR Support

– Can help reduce turnover and absenteeism

– Can boost morale/contribution/productivity/the psychological contract

– Promote workforce cooperation


Benefits of an EAP Scheme

Benefits to Employees

– Access to services that help employees cope/solve problems that are affecting their lives

– Access to an extensive range of services

– Access to specialised and highly qualified team

– Access to services at no charge to the employee


Questions


Thank you

social media & personal harassment

Documents