library
Employment law - social media and unfair dismissal continues to take centre stage
06 October 2011
It will be noted from some of our previous articles that employees are falling foul of their postings on social media sites (Facebook, Twitter etc). A recent case demonstrated that a 'balanced' view had to be taken.
In the case of Whitham v Club 24 Ltd t/a Ventura, Whitham (who was employed by Club 24 as a Team Leader for their client Skoda (which is now owned by VW)) posted, outside work, in her private time, comments on Facebook to the effect that she felt that she was working in a nursery. The postings were reported to her employer. Disciplinary proceedings were commenced and Whitham was dismissed because her employer felt it damaged the relationship between them and VW.
Whitham pursued a claim for unfair dismissed and the Tribunal found in her favour. The Tribunal felt that the comment on Facebook was relatively mild and the employer's response fell outside the band of reasonable responses. It was noted, in particular, that Whitham's comments did not refer to Club 24's client, there was no evidence the comments had affected the relationship and VW's views on the comments had not been sought.
Andrew Petchey. Partner, Litigation
