Social media can cause all sorts of workplace issues. A Facebook post might upset a colleague, a negative post might be made about the business itself, or poor online behaviour could impact business reputation. Employers need to be ready to act to minimise the impact of their employees’ online behaviour in the workplace.
Banning employees from having any presence on social media, although likely to be effective, is never going to fly. Not only would this be an unsupportable constriction on freedom of expression, but it would probably lead to a mass exodus – no one wants a job that much! So, what can employers do? Here are our top tips:
- Review disciplinary and social media policies to clarify expectations and potential sanctions around social media use.
- To protect communications from deletion, make sure your policy requires any disappearing messages functions to be turned off.
- Train employees on online conduct to prevent issues from arising.
- Take a case-by-case approach, investigating all incidents thoroughly.
- Avoid overreacting to social media posts; consider context and alternative sanctions before deciding on dismissal.
- Always follow a fair procedure, giving employees an opportunity to explain their actions and carefully evaluating if dismissal is the only option.
- Be cautious if the post reflects a ‘manifestation of a protected belief’ to avoid potential discrimination risks. Where these manifestations might be offensive to other employees, there is a balance to be struck between the human right to freedom of religion/expression, and the right of the employer to take action over behaviour which could upset colleagues, and/or impact on business reputation. A failure to strike the balance correctly could risk not just unfair dismissal claims, but also discrimination claims. For example, in Forstater v CGD, the tribunal found in favour of a researcher dismissed for expressing gender-critical views, ruling her posts were a manifestation of a core belief. The tribunal awarded her over £100,000.
How we can help
Contact Jon Dunkley today for an informal chat, without obligation.
Contact Jon Dunkley
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