Employment Law Explained

Tag Archives: Facebook

Derogatory “Private” Comments on Facebook Not Unfair Dismissal

Posted on 02/11/2011 by Michael Scutt • 4 Comments

 

appleimages Derogatory “Private” Comments on Facebook Not Unfair Dismissal unfair dismissal social media

Don't be Rude about Apple

 

A trickle of Employment Tribunal cases are coming through on dismissals associated with inappropriate or derogatory comments on Facebook.  The most recent, being Crisp v Apple Retail Ltd (unreported, as far as I can see) which held that an employee who posted (unspecified) derogatory comments about Apple and its products on a “private” Facebook page outside of his working hours was not unfairly dismissed for gross misconduct.  I would be interested to see the Judgment rather than just the brief summary in People Management Magazine (useful though that is) if anyone has it.

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Filed Under: social media, unfair dismissal

Why Should Employers have a Social Media Policy?

Posted on 28/07/2011 by Michael Scutt • 1 Comment

social networking broken icons by demeters d3712v9 1 Why Should Employers have a Social Media Policy? social media internet usage employment policies bullying harassment

[This is the follow up piece to my article "Social Media in the Workplace" published on this blog last Saturday and, originally, in The Internet Newsletter for Lawyers/Law 2.0]

In my last article I wrote about the potential threats that face employers from the use by employees of social media and recommended that businesses have a social media policy.

To recap, the main threats to an employer from misuse of social media are;

  1. Reputational damage
  2. Breach of confidentiality
  3. Time wasting
  4. Liability to third parties
  5. Liability to other employees and to prospective employees.

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Filed Under: Bullying & Harassment, Employment Policies, Internet Usage, social media

Employer was Justified in Sacking Employee for Comments on Facebook

Posted on 18/05/2011 by Michael Scutt • 2 Comments

Employers often wonder what steps they can take to discipline an employee who misuses social media, especially where the employee claims that the employer was not identified. Liverpool ET dismissed a claim by a Bar Manager recently where her status updates on Facebook were used to dismiss her for gross misconduct.

In Preece v J D Wetherspoons PLC , the Claimant had had to eject two customers (“Brian” and “Sandra”) who were both, as it seems, elderly.  They had been disruptive. A while later the Claimant received three abusive telephone calls from Brian and Sandra’s daughter in short succession.

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Filed Under: social media, unfair dismissal

Misuse of Social Media Won’t Always be Grounds for Summary Dismissal

Posted on 27/03/2011 by Michael Scutt • 5 Comments
4561v1 max 450x450 Misuse of Social Media Won’t Always be Grounds for Summary Dismissal social media

Image via CrunchBase

I’ve written on many occasions before about how employers need to have a usage policy for social media to guide employees on what is and is not acceptable use of Facebook, Twitter, blogs etc. As the recent (unreported) case of Stephens v Halfords PLC has shown, merely having a policy is not a magic panacea in itself.  Employers must act reasonably in enforcing that policy.

Halfords apparently has a social media usage policy which prohibits employees making any comments on social media platforms that were not in the best interests of the company or that encouraged dissent. That seems rather oppressive, if correctly stated but that’s another issue.

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Filed Under: social media

Can You Joke In The Workplace?

Posted on 10/02/2011 by Michael Scutt • 7 Comments

If you make a lewd comment or joke at work, might you be in trouble? Following the case of Laura Bowater this week the answer is yes, you may be.

It doesn’t take the law any further forward than it was before but it does highlight how workplace situations can get out of hand.

Can You Joke In The Workplace? unfair dismissal social media news Ms  Bowater was a nurse at the end of her shift at the Central Middlesex Hospital.  She was called upon by a colleague to assist in restraining a naked male patient who was having an epileptic fit.  At some point in the process she ended up astride him, near his genitals and said “‘It’s been a few months since I have been in this position with a man underneath me”.

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Filed Under: News, social media, unfair dismissal

Can You Slag Off Your Boss on Facebook?

Posted on 10/11/2010 by Michael Scutt • 7 Comments

iStock 000013528921XSmall Can You Slag Off Your Boss on Facebook? social media

Have you ever ranted about your boss or a fellow worker using Facebook, or social media?  If yes, what happened?

In the USA an “emergency medical technician” (what’s that, a paramedic?) was fired for slagging off her boss on Facebook.  Yesterday, the New York Times carried a report on the actions of the National Labor Relations Board  (“NRLB”) (a US business-union forum for supervising industrial relations it would seem) which filed a complaint alleging that the employer had breached the National Labor Relations Act which, according to the report, protects workers from being disciplined for discussing working conditions or unionization.

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Filed Under: social media

Facebook May be Denied to German Recruiters

Posted on 06/09/2010 by Michael Scutt • 0 Comments

facebook sfSpan Facebook May be Denied to German Recruiters social media

The New York Times reported recently that Germany is considering introducing legislation to outlaw employers from searching on Facebook and other purely social websites to “research” job candidates.  It would be permissible for them to look on sites like LinkedIn, which are business oriented, but would prevent “personal” information being used in the recruitment process.

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Filed Under: social media

Facebook “Joke” Turned Sour: Why Employers Need To Take Note

Posted on 30/07/2010 by Michael Scutt • 3 Comments

facebookjuly3images Facebook “Joke” Turned Sour: Why Employers Need To Take Note social media

The Metro newspaper reported on Wednesday how a student won £10,000 in damages from a former friend.  Raymond Bryce, a law student, failed to see the funny side of chef Jeremiah Barber’s post of a paedophiliac picture on his Facebook page with the words “ Ray, you like kids and you are gay so  bet you love this picture, Ha Ha”.  Bryce sued Barber in the High Court for libel and won damages.  Barber ended up with a large money Judgment against him, a conviction for circulating indecent images of children and 150 hours’ community service. This is yet another illustration of how some people seem to take leave of their senses when using social media.   What a thing to “joke” about!

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Filed Under: social media

40% of UK Employees Criticise Their Bosses on Facebook and Twitter

Posted on 22/05/2010 by Michael Scutt • 7 Comments

myjobgroupflatlogo1 40% of UK Employees Criticise Their Bosses on Facebook and Twitter social media According to a survey by the recruitment agency MyJobGroup.co.uk, compiled in conjunction with law firm Irwin Mitchell, 40% of UK employees admit to criticising their employers on social networking sites like Facebook and Twitter.  Furthermore most staff had little or no idea of the legal implications of what they wrote online.  Click here for the press release.

The report contains some surprisingly large numbers, for instance;

  • 20% of employees admit to “lambasting” their employers online
  • 53% would support disciplinary action against fellow employees sticking the online boot into the workplace

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Filed Under: social media

Social Media in the Workplace

Posted on 16/05/2010 by Michael Scutt • 4 Comments

2 London Guildhall1 Social Media in the Workplace social media

Last Friday I gave a presentation to users of the City Business Library at the Guildhall in London.  The topic was the use of social media in the workplace and the issues it raises for employers. You can view the presentation by clicking here.

There was a useful discussion afterwards and most people had stories to tell of how people at work had misused email, inadvertently or otherwise.  Social media, of course, goes beyond just email and surfing the internet.  Indeed, controlling use of these two is probably the easiest of the challenges facing employers.  IT departments can deny access to dodgy websites and it is easy to tell employees what should and should not be said from the corporate email account (although having said that it is still amazing how many people ignore this).

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Filed Under: social media