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Social Media
08 September 2011
The use of social media, such as Facebook and Twitter, by employees continues to create problems for businesses.
Exactly how employers are to deal with employees who use social media during their working hours, as well as the importance of such policies for businesses, has been made clear by the case of JD Wetherspoons PLC v Preece.
An employee made derogatory comments about a fellow employee by posting comments on her Facebook page. After an investigation and disciplinary hearing she was dismissed for gross misconduct.
The Tribunal found that her employer had acted fairly and responded reasonably in deciding to dismiss her. The Tribunal’s decision was based upon the following considerations:
- The employee was at work when she made the comments
- The employer had a social media policy, which the employee had signed
- The employee’s contract of employment specified that if the employee is found guilty of gross misconduct, then her contract would be terminated
- The Staff Handbook stipulated that an employees failure to adhere to the social media policy could equate to gross misconduct
- The employer carried out an investigation
- The employee's mitigating factors were taken into consideration during the disciplinary proceedings
It is of importance that employers have well drafted policies for their business, including policies that cover the use of social media. Should you wish to obtain further information on key policies for your business please contact the Employment Team at Howell-Jones LLP.
Ellen Crabtree, Solicitor, Employment Team
