Vetting candidates on Facebook ‘may contravene employment law’

Posted 16/11/2009

Companies have been warned that using social networking sites such as Facebook to assess potential job candidates may be a violation of employment law.

The Law Society has described the practice of checking a candidate’s personal profile on such sites as contentious from a legal standpoint.

It reminded companies that people’s sexual orientations and personal beliefs are often published on social websites, with discrimination claims arising if such information is deemed to have swayed an employer’s attitude.

Vetting employees in this way can also be interpreted as a contravention of the Employment Practices Data Protection Code, as such practices are only allowed when specific risks are involved in the recruitment.

John Morris, chair of the Law Society’s employment law committee, said: “Using these sites to canvass more information about an employee or an interview candidate is potentially risky.”

The government is currently poised to introduce a new Equality Bill, which is set to increase the anti-discrimination protection offered to minorities under employment law.