Buddy says: As a potential employer you will obviously want to obtain as much relevant information as possible about job applicants. However, conducting secret checks and research outside of the formal recruitment process can have legal repercussions. Specifically, checking candidates' social networking sites can put employers at risk of discrimination claims where recruitment decisions are influenced by the personal details gleaned from such sites.   In order to minimise the risk of discrimination claims, you should always limit the impact of personal characteristics and interests to those relevant to the job in question. For example, some characteristics displayed on personal websites, such as unreliability or indiscretion, may be both relevant to job suitability and carry no taint of discrimination. However, the more personal the information (i.e. sexuality) the higher the risk of discrimination occurring.

Employer information:  Discrimination legislation covers applicants for jobs as well as employees. For example, if you discover on Facebook that a candidate is homosexual and you then choose not to employ them because of it, you could be liable for sexual orientation discrimination. As discrimination damages are uncapped these could potentially result in large awards made against you.

Having looked on social networking sites to obtain information about candidates, and then failing to offer interviews/employment to candidates, may in itself be enough establish a case of discrimination. The burden would then shift to you to prove that your decision was for non-discriminatory reasons.   If you are unable to convince the tribunal that this is the case, then the Claimant will succeed in their claim against you.

Your recruitment decisions should be based on suitability to do the job, not facts about a candidate's social life.  Criteria, such as qualifications, experience, and enthusiasm are valid reasons to refuse employment and would hopefully convince a tribunal that no discrimination occurred.

On balance therefore, it would appear safer to avoid vetting candidates via social networking sites.  Chances are, you will have to disregard any personal information you find there anyway.  By merely looking, you could find yourself having to defend a discrimination claim, which might be difficult - especially if you decided to vet a candidate this way in the first place.