Social Media: checks may be 'unlawful'
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Mayer Brown lawyer Chris Fisher suggested that firms risk discrimination and data protection violations by vetting social media, reports HR Magazine.
Vetting procedures
Ms Brown, 17, resigned from her £15,000 a year position after just one week when it was discovered that she used homophobic, racist and violent language in tweets posted before she took the job with Kent Police.
Crime Commissioner Ann Barnes said social media was not usually checked under Kent Police's vetting procedures, but Ms Brown was asked if there was anything in her past that could embarrass her or the youth PCC post, to which she responded ‘no’.
Background checks
Mr Fisher warned that searching for personal details on social media, such as age or religion, could ‘constitute unlawful direct discrimination’ under the Equality Act 2010.
He also stated that the Employment Practices Data Protection Code ‘recommends employers give job applicants the opportunity to comment on the accuracy of any background checks or information it has obtained about them’.
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