Employees, social media and the risk to companies

A RECENT case of Forbes v Heathrow Airport provided guidance on employers’ liability for employees’ social media posts.

Mr Forbes was employed by the airport. A colleague, Ms Stevens, posted an image of a golliwog on her private Facebook page with the caption, “Let’s see how far he can travel before Facebook takes him off ”.

The image was shared by the colleague’s Facebook friends, one of whom worked with Mr Forbes and showed him the image.

Ultimately, Mr Forbes issued a claim of harassment, victimisation and discrimination against the airport based on Ms Stevens having circulated a racist image.

The employment tribunal and the appeal both dismissed the claim because Ms Stevens’ post, whilst discriminatory, was not done “in the course of employment” and therefore the airport was not liable.

Important factors in the decisions included that it was a private account and the image was shared among friends.

However, the outcome may have been different if harassment had been alleged against the colleague who showed Mr Forbes the picture, which did happen at work.

What does it mean for employers?

Offensive posts by colleagues create risk for employers who will want to be seen to take action where allegations of discrimination arise.

Employers should have comprehensive policies and consistently apply their standards, ensuring that staff are trained on workplace obligations and use of social media.

It is better to try to avoid a complaint than to argue about whether the matter occurred in the course of employment.

Clarke Willmott LLP specialises in Employment and HR matters. Anna Youngs, Partner, Employment Team at Clarke Willmott

T : 0345 209 1644

E : anna.youngs@ clarkewillmott.com

W : www.clarkewillmott.com