Social media policy for workplace is vital

WITH the increase of social media sites (such as Facebook, Twitter and LinkedIn to name but few) users must be careful when posting articles and comments on these forums.

There have been a host of cases where an individual has posted inappropriate comments, whether about a colleague, customer or employer, which has resulted in disciplinary action and, on occasions, dismissal.

It was recently reported on the BBC that a benefits nurse, employed by Capita to undertake assessments for individuals claiming disability benefits, was dismissed for making derogatory comments on Facebook about claim ants.

Some of these comments included references to a claimant who had lost both legs as a child saying he should “get a job fitting carpets” and she“would like to catapult the scrounger back to …[ where] he came from.”

This case is one of many that highlights the dangers of commenting on social media and has enabled employers to successfully dismiss employees.

In the case of Gosdenv Life line Project the employee was assigned to work with drug users in prison.

He forwarded an offensive email containing sexist and racist material to a colleague from his own computer outside of work hours. However, this had the effect of the email entering the prison’s computer system. He was subsequently dismissed as the employer considered the action of forwarding the email might bring them into disrepute. But when challenged in the tribunal the dismissal was held to be fair.

A further case of Crispv Apple Retail( UK) demonstrated the importance of the wording of the social media policy and for training to have been given. In this case the employee had received training on Apple’ s email and Internet policy that made it clear that its image was a core value.

As a result, the employee wrote offensive comments on his Facebook account and was subsequently dismissed for bringing the company into disrepute as these postings were deemed to attach Apple’ s core value of protecting its image.

hese cases demonstrate that it is important that an employer has a social media policy and that this policy clearly details what is and isn’t acceptable.

The wording of the policy can be fundamental when determining whether a dismissal is fair or not if related to social media postings. If you would like to discuss this further with our Employment team, please contact 01733 888888 or email giles.betts@buckles-law.co.uk.