Social media background checks before appointment

Social media background checks before appointment

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Discussion

21TonyK

Original Poster:

11,916 posts

216 months

Tuesday 28th June 2022
quotequote all
Just how legal is this? Posted something a potential employer doesn't think is appropriate and you don't get the job?

Who determines what's appropriate and whats not?

Not talking MI5 here, this is a school where everyone already has to have enhanced DBS.

Funky Squirrel

390 posts

79 months

Tuesday 28th June 2022
quotequote all
Thinking from the other side an education board doesn't want the media hassle of an internet raving loony working for them. My last few jobs have had social media checks.

I remember getting a lecture about online privacy and security, and be of the girls in the course had open media profiles, seeing her in her bikini on a 400" screen in a lecture theatre was a sight to behold!

BoRED S2upid

20,348 posts

247 months

Tuesday 28th June 2022
quotequote all
If it’s in the public domain it’s perfectly legal. Why wouldn’t it be?

21TonyK

Original Poster:

11,916 posts

216 months

Tuesday 28th June 2022
quotequote all
BoRED S2upid said:
If it’s in the public domain it’s perfectly legal. Why wouldn’t it be?
I guess so, seems a bit like its based on someone opinion though, no guidelines set that I know of.

And, what if applicants don't or won't give usernames or details?

Just seems a bit wooly.

jeremyc

24,558 posts

291 months

Tuesday 28th June 2022
quotequote all
It's no different to the subjective view of an interviewer regarding the candidate - some may take a dislike to you or feel that they just couldn't get on with you.

If you have nothing to hide on your social media then there's nothing to worry about. smile

bristolbaron

5,088 posts

219 months

Tuesday 28th June 2022
quotequote all
Our policy is NOT to check social media prior to hiring:

https://www.acas.org.uk/hiring-someone/using-infor...

“Avoid using information that’s on someone’s social media profile to decide whether you interview or hire them.

You might be breaking the law, particularly if either of the following points apply:

they did not agree to you using the information in this way
you looked at some applicants’ social media profiles, but not others”

bitchstewie

55,184 posts

217 months

Tuesday 28th June 2022
quotequote all
What sort of thing?

21TonyK

Original Poster:

11,916 posts

216 months

Tuesday 28th June 2022
quotequote all
bristolbaron said:
Our policy is NOT to check social media prior to hiring:

https://www.acas.org.uk/hiring-someone/using-infor...

“Avoid using information that’s on someone’s social media profile to decide whether you interview or hire them.

You might be breaking the law, particularly if either of the following points apply:

they did not agree to you using the information in this way
you looked at some applicants’ social media profiles, but not others”
This is what I think might happen, highly unionised plus many applicants are quite young and (given the 5 years history they want checked) could have been minors at the time.

Oh well, we'll see how it pans out.

StevieBee

13,590 posts

262 months

Tuesday 28th June 2022
quotequote all
21TonyK said:
Just how legal is this?
100% legal.

100% justifiable.

If you publish something on Social Media and choose not to restrict that content then you choose to make that content public which is free for potential employers to use to build a better understanding of the person they are considering hiring.

21TonyK said:
Posted something a potential employer doesn't think is appropriate and you don't get the job?

Who determines what's appropriate and whats not?
In respect of the job, the employer.

If you're not sure yourself the difference between what's appropriate and inappropriate you might do well to change the settings on your pages.... or consider whether Social Media is for you.

bristolbaron said:
https://www.acas.org.uk/hiring-someone/using-infor...

“Avoid using information that’s on someone’s social media profile to decide whether you interview or hire them.

You might be breaking the law, particularly if either of the following points apply:

they did not agree to you using the information in this way
you looked at some applicants’ social media profiles, but not others”
I think you'll find that this is advisory rather than law. The only thing that may be upheld in a court is the last bit but very difficult to prove.













Edited by StevieBee on Tuesday 28th June 19:34

Whats on Second

732 posts

40 months

Tuesday 28th June 2022
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would not being on any SM be a cause for puzzlement in the selection panel ?

" she isn't even on facebook and thinks the word Influencer is a heavy cold "


Llew

266 posts

214 months

Tuesday 28th June 2022
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It's a slightly dodgy area... Getting into the realms of "social scoring" etc... And as somebody alluded to above - The question of subjectivity (the person viewing the applicant's SM profile might have a biased view which could then have an unfair adverse effect on the applicants' job application).

If I was going for a new job I would absolutely expect the employer to do a bit of amateur sleuthing (or stalking if you don't want to gloss over it). Not that I have anything to hide but since I value my privacy I do make sure the majority of my online presence is masked as best as possible. Anything they find might turn over info about hobbies (music, cars, dogs etc) and my Ltd company accounts but very little else really. Actually I'm not one to publicly express controversial opinions (not that I have any really!)

We have some properties (a mix of self owned and some owned by my partner's family but managed by me), mainly flats and HMOs. The rental market where I am is absolutely alive with people desperate for good accommodation and every time we advertise a property (usually monthly at the minute!), I get more enquiries than I can cope with - Close to 100 in some cases. I find the quickest way to weed out potential problem tenants is to simply look up their social media stuff and online presence (googling phone numbers is another trick). The ones which don't pass muster due to various reasons/presumptions I make based on my findings immediately get disregarded without even contact let alone viewing. This cuts my list down to a few who seem like decent people which I will then engage with and offer viewings etc.

Is this morally wrong? Should I feel bad about this? It's a cruel world but I can't afford to take risks on problem tenants and I find that social media background checks usually ensure I find the right tenants every time.

purplepolarbear

481 posts

181 months

Tuesday 28th June 2022
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I've heard it said it's best to get someone who isn't the decision maker to review the social media and let the decision maker know of any positives or red flags. The decision maker should not look at it. That way you avoid the risk of the decision maker seeing factors that aren't on a CV and aren't relevant to an application but the decision maker feels prejudiced.about and consciously or subconsciously favouring or rejecting a candidate based on these.


Hoofy

77,497 posts

289 months

Tuesday 28th June 2022
quotequote all
"Can we have your social media account info?"
"Sorry, I don't use it."

Next step?

xx99xx

2,251 posts

80 months

Tuesday 28th June 2022
quotequote all
Maybe more about unconscious bias than anything legal. Most places are trying to be as fair as possible (as an organisation) but the hiring manager obviously wants the best person for their team so may ignore company policy. Of course they'll never admit the reason someone didn't get a job was because of something they saw on Facebook.


Alex Z

1,513 posts

83 months

Tuesday 28th June 2022
quotequote all
Hoofy said:
"Can we have your social media account info?"
"Sorry, I don't use it."

Next step?
Type their name into a search engine and social media sites. It’s not going to help with John/Jane Smith, but will get plenty. Especially the sort with a less professional presence.

Would people class LinkedIn as social media?

deckster

9,631 posts

262 months

Tuesday 28th June 2022
quotequote all
bristolbaron said:
You might be breaking the law, particularly if either of the following points apply:

they did not agree to you using the information in this way
you looked at some applicants’ social media profiles, but not others”
In what way is the second one close to breaking any law? Outwith of protected characteristics, I'm not aware that any hiring process legally has to offer a level playing field. You're quite entitled to ask one candidate to build a cold fusion reactor whilst measuring another on their ability to drink vodka.

Douglas Quaid

2,439 posts

92 months

Wednesday 29th June 2022
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The easiest way for this to not be an issue is to not use social media.

StevieBee

13,590 posts

262 months

Wednesday 29th June 2022
quotequote all
Llew said:
Is this morally wrong? Should I feel bad about this? It's a cruel world but I can't afford to take risks on problem tenants and I find that social media background checks usually ensure I find the right tenants every time.
Not wrong at all. I’d say it’s very sensible.

Alex Z said:
Would people class LinkedIn as social media?
Yes.

bristolbaron said:
You might be breaking the law, particularly if either of the following points apply:

they did not agree to you using the information in this way

When you publish something, the meaning of the word is essentially to ‘make public’. When you do this, you have no legal recourse of protection regardless of how they use that information.

Douglas Quaid said:
The easiest way for this to not be an issue is to not use social media.
Yes.... or, think about what you post and /or learn how to use the privacy settings.


StevieBee

13,590 posts

262 months

Wednesday 29th June 2022
quotequote all
deckster said:
bristolbaron said:
You might be breaking the law, particularly if either of the following points apply:

they did not agree to you using the information in this way
you looked at some applicants’ social media profiles, but not others”
In what way is the second one close to breaking any law?
Theoretically, someone who's failed in their application because their Social Media was reviewed and the person who got the job's wasn't, the former could claim unfair assessment of credentials and character which leads to unfair bias.

However, it's impossible to prove and there exists no law on the specific point, only on the basis of any discrimination based upon the insight that enquiry uncovered.

The only example I can think of is if one of the applicants is a female in her late 20s and a look at her social media profile reveals posts about buying pregnancy testing kits or content relating to her trying for a baby. In this case, if the employer then chooses the other applicant (male) then there may be grounds for discrimination - but that relates to the reasoning rather than the means by which the information was obtained.


Collectingbrass

2,393 posts

202 months

Wednesday 29th June 2022
quotequote all
Douglas Quaid said:
The easiest way for this to not be an issue is to not use social media.
The trouble is a lot of people do. I asked a potential grad about it a couple of years ago (before 2016...) and they said they weren't worried about, everyone they were in competition with had similar on theirs.

And what defines "social media", put it this way, how many people would you hire based on their N, P & E history?

As to how I respond to that question from a hiring manager? I'll show you mine when you show me yours, we both want to know who we are working with after all.