In today’s digital age, it’s not uncommon to find employees moonlighting as social media influencers. This emerging trend can bring unique challenges for employers. At Carbon, we understand the delicate balance between supporting your team’s entrepreneurial spirit and protecting your company’s interests. Here are five essential tips every employer should consider:
Risk management
Evaluate how an employee’s role as an influencer aligns with your corporate values and image. It’s important to consider whether their online activities enhance or potentially jeopardise your brand reputation.
Consider Influencing as a Second Job
Start by understanding the nature of your employee’s influencing activities. Open conversations can help identify potential conflicts of interest or areas which might pose a risk to the company’s reputation.
Establish clear boundaries
Without contractual restrictions in place (see tip 4 below), employees generally have the freedom to pursue activities outside work. Employees must not engage in actions which directly harm their primary employer’s business but this is a high threshold so seeking to rely on an employees’ implied duties is a risky option to take.
Review your contracts
An express provision in employees’ contracts requiring staff to seek approval before entering into paid or unpaid engagements is critical. Without such protection employers may have a difficult time demonstrating that the employee should have disclosed the engagement in the first place.
For complete clarity, you may wish to identify in employees’ contracts which product groups or services are restricted to prevent potential conflict and protect your brand.
Work-Life Balance
Unless a worker had opted-out, most workers should not be working more than 48 hours per week, on average. It is therefore important to understand how much time your employee is spending on influencing activities to assess any risk exposure under the Working Time Regulations.
If employers can embrace flexibility while maintaining clear guidelines this can lead to a work environment where both business objectives and individual interests may thrive.
Interested in how this applies specifically to your organisation? Click here to find out more about our employment law team and how we can help you navigate the growing and complex world of social media influencers in the workplace.
The contents of this article does not constitute legal advice and should not be relied upon. Always consult a legal professional before taking any action.