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17/11/2009 Employment law warning over social media use in recruitment |
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Employers could be breaking the law if they use information gleaned from social networking sites to make recruitment decisions.
The Law Society has said that those who utilise data logged on sites like Facebook and MySpace could be illegal, as this can breach the Employment Practices Data Protection Code.
Under these regulations, screening of any kind should only take place if the employee would be working with vulnerable people (including children) or if there could be a risk posed to the firm, its employees or clients.
Law Society chair John Morris said such information gathering is "potentially risky" and could include finding out information on issues such as people's sexual orientation or religious beliefs, which may lead to discrimination cases.
Such a practice might see employment lawyers in London dealing with an increasing caseload of discrimination claims.
The government's forthcoming equality bill will strengthen legislation to prevent discrimination in recruitment on the grounds of race, gender, religion, disability, sexual orientation and age.
Written by Laurence Smith
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