Hi Renata – An employee in my DWG (receptionist in a medical clinic) has been approached online by a client. She blocked him and reported it to our employer. Our employer asserts that this is not a work matter but a private issue. We say that the relationship online is only a problem because of their professional relationship.
Now, the client, has created a new online profile and contacted the member again. Again, the employer says that this is not a work matter.
I am very concerned about the escalation in behaviour of the client, especially if the employer does nothing to support and protect the employee now and into the future?
My take on your question is 'does the employer have duties to an employee when they are contacted outside of work by a client on a private social media account?'
The first thing to say would be that the employer does have a duty to employees to provide so far as is reasonably practicable a workplace that is safe and without risks to health. Now that the employer is aware of these inappropriate out-of-work interactions they do have a duty to prevent it creeping into work situations. This could involve steps such as ensuring that your member is no longer involved in providing services to this client or even referring the client to another service. Failing to act at all is quite frankly negligent.
More proactively the employer should have clear policies not only for employees that contain protocols for managing inappropriate client contact but also a code of conduct for consumers/clients/patients - even if it as simple as covering points like:
-
We ask all patients and visitors to help us to make our facility a safe place for everyone and require consumers and visitors to act with courtesy and respect. This includes:
- Aggressive and violent behaviour toward any worker or other patient is unacceptable and will not be tolerated.
- Consumers should only contact staff using official work channels (work number/work email)
- Etc
- A breach of this policy may affect the treatment we can offer you or even result in our inability to continue offering treatment.
Many places that deal with members of the community or third parties have similar codes (hospitals, clinics, schools, shops, restaurants, public transport, airports etc) to greater or lesser effect. Quite frankly I am surprised that this employer does not. If this client is impaired (e.g. mentally disabled, dementia etc) it can be more complicated, but that only means the employer has a greater obligation to do a risk assessment to ensure the work can be carried out safely.
Finally, it is worth flagging that, depending on the content and frequency of the messages (and indeed the fact that you mention that this person created a new profile to continue contacting your friend) it may also amount harassment, gendered violence or stalking and become a criminal matter and I would encourage the employee not to discount this option either.
