Given the rise in social media being not just an outlet for personal feelings but becoming an ever increasing tool for businesses to promote themselves, it is evident that social media is playing an ever more intrusive role in the working relationship when these two worlds collide.
While you may think that what you say on social media sites such as Facebook, Instagram, or Twitter has little bearing on how well you perform your job, recent cases have shown that employees do need to be careful about what they say, similarly, employers also need to be careful when deciding to dismiss an employee.
In the claim of Whitham v Club 24 t/a Ventura [2011] the Claimant was dismissed for gross misconduct following posting comments regarding her colleagues (without mentioning names), but not mentioning her employer. She was dismissed for putting the firm’s reputation at risk and potentially ruining a business relationship with a key client. The Tribunal held that the dismissal was unfair as the decision to dismiss was not within the band of reasonable responses; the Claimant was a junior employee and did not discuss the Respondent’s business in the post and therefore it was unreasonable for the Respondent to believe that the comments could damage the business relationship.
In Crisp v Apple Retail [2011], the Claimant was dismissed for gross misconduct after posting disparaging comments about his iPhone. Apple had a very clear policy regarding social media in the workplace which made it clear that making negative comments about the brand was always unacceptable and this was of vital importance to Apple. The Tribunal dismissed the claim due to the fact that there was a clear policy regarding what was and wasn’t allowed which the Claimant was aware of and the post had the potential to be damaging to the Respondent’s reputation.
It is clear to see that the Tribunal are taking each case on their individual facts but that a significant factor in deciding fairness is whether or not the Employer had a clear policy which was communicated to all staff and which specifically prohibits conduct for which they wish to dismiss. Employers need to be careful when considering the impact the comments have on the business and whether it is reasonable to dismiss them bearing in mind all the circumstances.
If you want to discuss social media implications on employment, please contact the employment law team on 0113 320 5000.
