Alex O’Neill Solicitors replies to one of the queries received at [email protected].
Q. I run a business in the IT area and I am currently looking to recruit staff. Up to now I would have invariable used recruitment agencies. In an effort to keep overheads to a minimum I am increasingly turning to LinkedIn as a means of recruitment. Are there any legal issues which arise from the use of social media sites such as LinkedIn for recruitment purposes?
Dear Reader,
A. The use of social media sites by employers during the recruitment process is not specifically addressed in Irish law. However, this practice potentially raises a number of issues. Firstly, from a practical perspective there is a risk that information concerning prospective candidates may be out of date, inaccurate, incomplete or even relate to another individual of the same name. As such, employers should exercise caution before using information which it uncovers on such sites. Employers should not use this information if it is uncorroborated.
A further important point to remember, regardless of the means of recruitment used, is that the Employment Equality Acts, 1998 to 2008 prohibit an employer from discriminating against prospective employees. This is based specifically on nine defined grounds, these are: gender, civil status, family status, sexual orientation, religion, age, disability, race or membership of the Traveller community. The focus of any method used to recruit staff should be the appointment of the best qualified and most suitable candidate to the job. Employers should be careful to ensure that nothing either in the language of any advertisement used, any correspondence between the employer and the candidates, or the interviews, could give rise to allegations that an individual was discriminated against.
In order to minimise the risk of such allegations, it is recommended that recruiting employers ensure that there is an adequate job specification for the post, that objective assessment criteria or a marking system is used, and that notes of all interviews are kept. Regardless of the method of recruitment these rules apply, the use of social media does not, at present, give rise to any further rules however, it may make adherence to existing legislation more difficult as things are more fast- moving. Awareness of and adherence to existing best practise will help to avoid legal difficulties but extra vigilance may be needed in this age of new media.
Gemma Lyons is a solicitor with Alex O’Neill Solicitors
Your questions
Send your legal queries to [email protected] or by post to Alex O’Neill Solicitors 22 Barrington Street, Limerick. We aim to deal with a representative sample of queries received. The column is a reader’s service and is not intended to replace professional advice. No individual correspondence will be entered into.
