Andrew Mountbatten-Windsor, formally known as Prince Andrew, was stripped of his royal titles late last year as a result of his conduct. More recently, additional details of Andrew’s behaviour have emerged, leading the Palace to issue a further statement with many fearing that Andrew has well and truly brought the business of the British Royal Family into disrepute. While such public scandals and falls from grace may be unlikely to hit less prominent businesses, employee conduct, both in and outside of work, can cause employers embarrassment and damage reputation, trust and public image. So, if an employee behaves in a manner which is likely to bring a company into disrepute, what should their employer do and can such behaviour be prevented?
Staying safe in digital spaces
While an employer is able to exercise some control over its employees’ behaviour during working hours, it is much more difficult to influence what they do outside of work. It is possible, however, to set rules which make it less likely that an individual will be identified as working for the company, so if anything untoward were to happen, it would reduce the risk that a connection would be made. For example, making it company policy that staff remove uniform or branded badges when they leave work and are not to put them on until they arrive, and requiring staff to remove any reference to their employer from their social media accounts.
There should also be a clear policy as to what types of statements can and cannot be made on professional networking sites like LinkedIn where the individual’s employer will be apparent and, where individuals have access to company social media, that there is a clear system of checks and balances to progress through before anything is posted. It should also be clear that it is a disciplinary offence to post in the company’s name without the post having passed the necessary checks and it will also be a disciplinary matter if employees make inappropriate comments on any posts made in the company’s name.
Discipline with discernment
Policies should be in place that make it clear that an employee’s actions outside of work could have professional repercussions up to and including dismissal in certain situations and such policies should be drawn to new employees’ attention and covered in training sessions where appropriate. If an employee’s conduct outside work does have the potential to bring the company into disrepute, the employer needs to act as it would in any other disciplinary matter and carry out a thorough investigation before proceeding to a disciplinary hearing and deciding on an appropriate sanction (if any).
It is important to remember that simply disapproving of an employee’s conduct does not necessarily mean it is a disciplinary matter and a distinction needs to be drawn between that which genuinely brings the company into disrepute and that which is perhaps in poor taste or fails within the right to freedom of speech. If, in reality, the conduct has nothing to do with the employee’s work or their ability to carry out their role and the company or its reputation has not been tarnished in any way, taking action against the employee could potentially expose the company to claims or other complaints which may cause more reputational damage than the original act!
Summary
The reputation of a company is undoubtedly important. Being well thought of can boost sales, create brand loyalty and attract talented employees. Accordingly, it’s understandable that a company would want to deal with anything causing it reputational damage swiftly. However, it is equally important that employers do not cross the line and start trying to micromanage their employees’ personal lives or jumping to action too quickly or with unwarranted zeal. Striking the right balance when it comes to out of work behaviours will help to limit reputational damage and ensure that the company is able to continue to enjoy the benefits of its good character!
