With work-life culture more open and social than ever, what legal considerations do employers need to note?
A generation ago, staff were told not to mix business and pleasure – anyone who brought their personal life into the workplace risked disapproval or worse.
But times have changed. The advent of social media, the culture of 24/7 availability and the idea of being authentic and open at work have eroded the distinction between the personal and the professional.
Many employers encourage staff to socialise outside of work, whether through social events, WhatsApp groups or activities such as running clubs. This is generally positive for working relationships.
Employers liable
As a starting point, employers need to know the risks of being held liable for employees' unlawful acts. This doesn't apply only at the workplace or during working hours but also to staff social events – both online and offline.
If an employer organises – or encourages staff to organise – a WhatsApp group or other social media forum, it could be liable for any online harassment which takes place as a result.
The courts have emphasised that in these circumstances the employer can't avoid liability just because the act was unauthorised, so the best approach is to try to make unlawful conduct less likely in the first place.
Staff should be given clear guidance about acceptable usage, including warnings about what constitutes bullying, harassment and discriminatory conduct with disciplinary sanctions for breach.
Likewise, it's sensible to give staff guidelines about conduct at work-related social events.
Personal lives
There are also data protection and confidentiality issues to consider.
Staff should be told not to disseminate personal information about other staff unnecessarily, even when that has been shared with them via social media forums organised by the employer. A clear data protection policy is essential.
A different angle to consider is the impact of personal situations on employees' productivity and mental health.
Relationship breakdown, housing issues, domestic violence and other personal crises can have a devastating effect.
This is an area where it can be positive to encourage openness about personal lives at work.
While employers can't take on responsibility for their employees' lives outside work, they can often offer useful practical support such as encouraging them to use the employee helpline or suggesting other sources of advice.
Maintaining relationships
Simple steps like this could make all the difference to an employee experiencing a personal crisis and may help to avoid serious deterioration in their health and performance/attendance at work.
Although employers can't force staff to disclose details – and shouldn't try – managers should be encouraged to maintain open and trusting relationships with staff reporting to them to make it more likely that they can help their staff when they need it.
From a legal point of view, this will stand the business in good stead if performance or absence issues need to be managed formally further down the line.
