Published on Nov 27, 2024
Social media is part of our lives. Different surveys result in different figures, but it is estimated that around 85% of the population use social media in some way. Social media is used in a wide range of ways, from advertising products, to mobilising people with like views to action, and in checking prospective employees as part of the recruitment process.
The use in checking prospective employees on social media can be complicated, as was shown in the recent case of Ngole v Touchstone Leeds [2024]. Ngole, who is a qualified Social Worker, had applied for a job with Touchstone which is a charity offering health and wellbeing support to individuals. He provided the organisation with the names of referees, but the references which were received were rather limited and vague. The employer decided, therefore, to do an internet search about Ngole, and they found two articles which referred to him making comments that condemned homosexuality. Ngole is a Christian and believes that homosexuality is wrong.
The organisation was concerned about this, because they work in alliance with the LGBQTI+ community and were concerned that Ngole did not share their values and ethos. They withdrew the offer of employment. Ngole was successful in his claim of direct discrimination on the grounds of religion/belief.
What can an employer do? Does this case suggest that it is not OK to carry out an internet search of a prospective employee? Alternatively, is it OK to carry out a search but not do anything with the information that is found?
The case contrasts with that of Omooba v Michael Garrett Associates [2024]. Omooba was an actress and she was cast in a play where she would have to play a lesbian relationship (she was unaware of this when she went for the casting). She was a Christian, and some years previously she had posted on social media that homosexuality was sinful. Someone came across this post and reposted it.
She was removed from the role. The theatre found that the posts potentially damaged the play, given that the role involved her acting the part of a homosexual. This was found to be a fair dismissal, and her claim of discrimination failed. Here she was not dismissed because of her belief, but because of the adverse publicity that could arise from the post.
If the employer was unsure what it can do following the Ngole case, there is likely to be even less certainty when these cases are viewed together. Using social media is a complex area, and employers need to tread carefully.
Come along to our half day on-line session where the expert trainer, Kathy Daniels, will look at what an employer can and cannot do when using social media in all sorts of areas of people management. We will also explore what restrictions an employer can place on the activities of employees, making sure that they do not post material which might bring the company into disrepute. Social Media and the Workplace: Best Practices and Recruitment Insights are available on 23 January 2025, 22 May 2025 and 25 September 2025.
Published on Nov 27, 2024 by Kathy Daniels