Although there is no specific law preventing employers from checking potential candidates’ social media profiles, care should be taken as there are associated risks.
Investigating Social Media Profiles During The Recruitment Process
Potentials Risks
One such risk is the possibility of the employer discovering information about a candidate that could lead to inferences of discrimination if the candidate is subsequently unsuccessful. Even if the employer does not, in fact, discriminate, the fact that they have looked at the candidate’s social media profile and therefore become aware of or have a perception of their age, ethnicity and possibly disability, could put the employer in a difficult position in defending such a claim.
The same is true if the employer uncovers the fact that the employee made a protected disclosure to a previous employer and acts on that fact, or if they discover that the employee is a trade union member.
Reducing Risk
To reduce the risk of such inferences, employers should:
- Use social media tools in background checks only after initial interviews have taken place.
- Prohibit employees involved in recruitment from adding an applicant as a “friend” or otherwise connecting with an applicant via social media to investigate their background, to minimise the risk of data protection breaches
- Verify information obtained through these channels before relying on it.
Employers should consider what they will gain from an internet search and limit their investigation to what is required to achieve that aim.
For more information, please contact Nelsons’ Employment Law team via our online form or call 0800 024 1976.