IQ-Magazine-Issue-15

IQ legal
Warnings
on social media
In the recent case of British Waterways Board v.
Smith, The Employment Tribunal (EAT) concluded
that it was fair to dismiss an employee who had
made derogatory comments about his employer on
Facebook. This case was noteworthy because the
employee’s misconduct had taken place two years
before his dismissal and the employer had been aware
of it as far back as one year beforehand.
The EAT found that the delay in the employer relying
on the misconduct as a basis for dismissal (for gross
misconduct) had no effect on whether or not the
employee had been fairly dismissed, nor did the EAT
consider it appropriate to criticise the employer for the
delay in taking action. The EAT disagreed with the
decision of the lower employment tribunal, which held
that the dismissal fell outside the range of reasonable
responses which a reasonable employer might have
adopted in these circumstances.
The case is a warning to employees who have made or
who may be tempted to make derogatory comments
about their employer on social media, and any delay
in its discovery or response thereto will not necessarily
mean that the employer will have lost the opportunity
to take action at a later date. The case is also an
important reminder for employers to maintain and
police an effective Social Media Policy.
Mark Edmondson, director
at Edmondson Hall Solicitors,
highlights the growing need
for employers to consider
a Social Media Policy
ACAS advises employers to consider
the following points:
• Work out a policy: An employer should set
out in writing what it regards as acceptable
behaviour in the use of social media at work,
and also what is unacceptable. It should
also give clear guidelines for employees
on what they can and cannot say about the
organisation.
• Draw a line between private and work lives:
An employer should be clear throughout
its policy in making a distinction between
business and private use of social media. If it
allows limited private use in the workplace,
or use which is in any way connected with
the organisation, it should be clear what this
actually means in practice.
• Be ready to adapt: A policy can have many
benefits, but an employer should make sure
it is written in a way that can accommodate
alterations, so it keeps pace with the
continuing evolution of social media.
More Information
www.edmondsonhall.com
www.acas.org.uk
issue 15 | page 23