Think before you Google job applicants

If you’re an employer and you’re looking to recruit a staff member, are you ever tempted to check out their profile or lifestyle on Facebook? Well if you have – and have used the information in any way – you could be on the wrong side of the law.

With 100 million users finding their personal details published online and much controversy over changes to personal settings, users of Facebook are used to the ups and downs of using the site. But what about employers using the site to find out about potential employees? A recent survey by Microsoft found that four in ten HR managers have chosen not to hire a candidate as a result of a negative online profile and a similar figure was found in a survey on behalf of graduate recruiters.

If these employers were in Germany, they might soon find this activity illegal.  The country’s parliament is currently discussing proposals that could result in a new law being passed banning employers from using social networks for vetting employees, with the exception of professional social networking sites and general web searches.

While no such bill is proposed in the UK, employers do still have to be careful. There may be no law against Googling an applicant but there are laws to protect how the information discovered can be used. These could include laws against discrimination on grounds of race, gender, disability, age, sexual orientation or religion or the Data Protection Act. Even obtaining basic information such as age or marital status could be seen as discriminatory.

It’s obviously very tempting to Google a prospective employee to discover information you may not find out at interview and, if you plan to do this, you should make it clear in the job advert or application form. And even if you take this precaution, it may be better to stick to information in the public domain and on professional networking sites, such as LinkedIn, and leave the private information private.

For further information, contact Alison Barr on 01223 417200.

The information given in this article is of a general nature only and should not be considered as advice applicable to any particular situation for which specific request should be made to us.

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Peter & Gaynor Hayde of Harston

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