Social Media Challenges in Education

On 7 November, we were pleased to host the first in our 2024/2025 series of education breakfast briefings which focussed on Social Media Challenges in Education.

The event was led by Ed Heppel and James Peel from Rollits and Independent Education Consultant, Sarah Young.

The session focussed on the challenges presented by social media use and the associated risks for schools and colleges. This article offers a brief overview of some of the subject areas covered.

Implement a Clear Digital Strategy 

It is important to have a clear understanding of the organisational approach to social media strategy. This will help mitigate risk around the use of social media as well as utilise it to make use of available opportunities. Educational facilities have an ethical responsibility to help children and young people to manage their online presence.

A long term, rolling digital strategy should be considered to encompass all usage within the organisation, from reader pens to computers and the digital footprint. Constantly drip feeding a clearly defined policy for usage will help to create a cultural awareness of expectations. Regular debriefs following the occurrence of incidents, focussing on what has happened, that will assist in making improvements and how the strategy should evolve.

A communication strategy should be transparent about expectations of how people within the organisation should communicate (particularly externally). Considerations such as building in delays and filters on sending emails can help to mitigate issues arising from individuals feeling overwhelmed by, for example, volumes of emails received.

Harness the Opportunities

It is important to consider how information is accessed by different groups of individuals. Understanding this will assist the organisation to communicate effectively with a wider audience. An example of this may be the use of e forms and video submissions may prove fruitful when recruiting.

With an ever-increasing number of digital platforms, consider those platforms that work for your organisation. Limit the platforms you choose and understand why you have chosen them and what function each performs. Include within the communication strategy how they are to be used.

Some Top Tips

• Keep online information up to date.
• Build currency in good times by, for example, linking all pictures back to the organisational values.
• Know your limits! Find people within the organisation who can help.
• Understand each individual’s level of sensitivity and engage with the team.
• Think about implementing a vexatious complaints policy to manage persistent parental criticism.

Social Media and Parent/ Pupil Complaints

Where parents make claims about a staff member on social media, there is a duty to take steps to protect that staff member. This is relevant even if the staff member is not specifically named, especially if it is easy to pinpoint who that person is.

Can a Defamation Claim be brought? 

If a statement has been published in a permanent form, the claimant would need to demonstrate that the statement, published to a third party, is defamatory, and that it identifies or otherwise refers to the claimant. The claimant also needs to show that the publication of the statement caused serious reputational damage.

Alternatives to bringing a defamation claim may be to report the statement to the social media service provider, asking for the post to be removed. If the post has been made by a student, reference should also be made to in house behaviour policies, for guidance on action to be taken. Where a post has been made by a parent or carer consideration should be given as to whether their conduct presents potential safeguarding issues. In such circumstances there may be a duty to notify social services.

Social Media Posts by Education Providers

Any reference to an identifiable individual included in a provider’s social media post will generally require the individual’s consent to be lawful. It is advisable to gain separate consents for social media posts which include photographs and videos. Consent should be freely given, specific, informed and unambiguous. There should be the option to withdraw consent at any time and there should be frequent reviews to ensure that the consent is not relied upon for too long. Educational organisations may choose to use the new school year as an opportunity to review all social media usage, new platforms and consents.

Are Social Media profiles private? 

Both employees and students are likely to claim that social media profiles are private, particularly if posts can only be viewed by “accepted friends”. However, there are potential limits to the individual’s right to privacy, particularly if viewing their social media profile is justified based on their role.

It should be understood that UK GDPR data processing conditions will still apply. UK GDPR does not expressly permit the use of personal information in the public domain being used for any purpose. Processing personal data without the consent of the individual is possible, but only in limited circumstances. For example, if it is “necessary for the purpose of the legitimate interests pursued by the controller or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data.” Any processing of the data must be fair and lawful, which will be assessed in relation to the facts of the case.

Employment Law and Social Media

As employees become more aware that online data can be shared in certain circumstances, there are more enquiries being made regarding the issue of malingering. This can be a significant issue in an educational setting. An example of this is where an employee is absent from work due to sickness, under a valid medical sick note. A social media post may then show the employee enjoying time out in a social setting or holiday.

This behaviour could constitute dishonesty or fraud as it may constitute an abuse of the organisations sick leave policy. However, the use of information coming to light from social media posts should be considered alongside the seriousness of the incident and the seniority of the employee in question. Every organisation should implement a clear policy to help establish wrongdoing when issues arise.

Caselaw

In the case of Hutchinson v Enfield Rolling Mills Limited [1981] the Employment Tribunal held that employers should not be concerned with where an employee goes, or what they do whilst they are signed off as sick.  On appeal it was held that the employer may go behind the sick note saying that if the employee is “doing things away from their business which suggests that they are fit to work, then that is a matter which concerns the employer.”

In the case of Ajaj v Metroline West Limited [2015], it was found on appeal that where an employee “pulls a sickie” they are representing as unable to attend work due to sickness. The logical extension of this is that conduct which shows otherwise is dishonest and therefore capable of being a fundamental breach of trust and confidence. This would be gross misconduct and could therefore allow for dismissal.

The case of Kane v Debmat Surfacing Limited [2020] involved an employee who was dismissed having been spotted drinking and smoking in a social club whilst off sick. The dismissal was held to be unfair.  It was made clear that reasonable investigations should be carried out. It is not acceptable to make gross assumptions with little or no medical evidence. 

Some Practical Guidance

• Review and update sickness and absence policy
• Review and update disciplinary policy
• Do not overreact to information which comes to light on social media posts
• Follow an appropriate process
• Obtain up to date medical advice
• Be aware of the Equality Act 2010 issues

Next Education Briefing

The briefing concluded with a group discussion of three case studies which were included in the delegate packs by way of exemplar. The second part of the Education breakfast briefings for 2024/2025 will take place on 30 January 2025, 8:00am – 10:00am and will focus on Effective Governance.