The impact of social media on background checks and the legal considerations surrounding this aspect of employment law.
Social media is shaping our lives in new ways, even when it comes to job hunting. Businesses are increasing reliance on social media in employment decisions, driven by the potential financial impact of a poor hire, which is estimated to be as high as £200,000 according to the Chartered Institute of Personnel and Development (CIPD). This shift has prompted employers to formulate policies regarding the use or restriction of social media in various workplace decisions.
"You can avoid these risks and protect your business by outsourcing these checks to a trusted partner like Giant. We use tech to ensure the social media checking process is thorough, compliant, and speedy."
Before, background checks mainly looked at things like criminal records. Now, social media gives employers a more detailed look at candidates' personalities and behaviours. Because of this, companies are making rules about when and how to use social media in hiring decisions. Employers are asking questions about:
"What information is acceptable to use in a social media background check?"
"Where should I be conducting these checks?"
"How can I ensure the accuracy of the information?"
Social media can be a valuable tool in background screening when used correctly, efficiently, and legally. To avoid pitfalls, employers are advised to adhere to best practices under employment law, engage with vendors compliant with the DPA, and responsibly use information sourced from socials.
- Ensuring consistency: Implement consistent hiring practices, encompassing a thorough background screening process outlining how information is collected, documented, and accessed.
- Accurate record keeping: Document all pre-employment decisions, including compliance with DPA disclosure requirements and detailing the rationale behind each decision. Specificity is vital to proving job-relatedness and defending against claims.
- Hiring trained professionals: Human Resources professionals, well-versed in employment law, are ideally positioned to make employment-related decisions. Training for hiring managers is essential, limiting access and information sharing. This role is crucial in aiding employers and ensuring compliance.
Navigating online information:
While social media can help in hiring, it's important to be careful about the kind of information you use. Employers should not look for irrelevant or illegal details like someone's race, religion, sexual orientation, or political views. By understanding the law, and picking the right tools, employers can use social media in hiring without causing legal problems.
By sticking to best practices, using compliant tools, and being responsible with online information, employers can use social media wisely while staying on the right side of the law. This not only protects them from legal trouble but also makes sure the hiring process is fair and clear in our digital age.
You can avoid these risks and protect your business by outsourcing these checks to a trusted partner like Giant. We use tech to ensure the social media checking process is thorough, compliant, and speedy.
