Thackray Williams

The BBC reported recently on the dismissal of another employee who was caught out making inappropriate comments on the social networking site, Facebook. The teenage employee described her job as “boring” and was consequently advised that her position at the Company was “untenable.”

Social networking sites are becoming increasingly popular and are often used as a forum for frank discussions with friends about their employers. Negative and derogatory comments can in extreme cases bring an employer into disrepute and companies therefore need to protect themselves against such remarks.

Employers should be aware that once an employee has one year’s continuity of employment, they are protected against unfair dismissal. When determining whether a dismissal is fair or unfair, it is for an employer to establish that the employee was dismissed for a reason set out in statute. The most likely reasons in these circumstances are “conduct” or “some other substantial reason” (e.g. the employee’s position became untenable). Showing that the dismissal was on these grounds, does not itself make the dismissal fair and an employment tribunal will still need to decide whether the employer acted reasonably in dismissing the employee for that reason, e.g. the comments posted on Facebook. In addition to a fair procedure being followed, an employer must be able to show that the employee knew that their actions were prohibited and could result in dismissal. 

If as an employer you are sensitive to comments being posted on social networking websites, then action should be taken to protect your position. Company policies should be reviewed and updated to provide clarity on what constitutes acceptable internet use both at work and at home. It should be made clear to employees that if a breach of this policy is upheld, this will be a disciplinary offence that is likely to constitute gross misconduct and may therefore result in the disciplinary sanction of dismissal.

For more information contact Emma Thompson on 020 8290 0440 or email: emma.thompson@thackraywilliams.com