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FORTHCOMING CHANGE: In December 2023 the Information Commissioner’s Office (ICO) published draft guidance on keeping employment records and recruitment and selection. A consultation on that guidance ran until 5 March 2024. The ICO has also removed the employment practices code (first published in March 2022, and last updated in November 2011) and supplementary guidance from its employment information page. For more information, see Q&A: What is the status of the ICO employment practices code? and ICO removes employment practices code and related guidance from its Employment information guidance page, LNB News 15/12/2023 112. This Practice Note will be updated once the ICO draft guidance is finalised.

The increasing use of Social media presents both benefits and risks for employers and employees. The ability to connect with others, create a network and communicate quickly to a wide and often targeted audience can enormously benefit an organisation when used positively. However, those same features of social media sites can also cause significant problems for an employer when the use of social media by an employee or former-employee