Pages

Friday, October 2, 2015

The importance of Social Media Policies

The recent Employment Appeal Tribunal (EAT) case of British Waterways Board v Smith demonstrates how important it is for employers to have a comprehensive social media policy.  

Some employees are unaware that comments they post on social media sites can be seen widely, or sometimes they may be aware and simply don't care.  Most of the time that will not matter, but when they make comments relating to the workplace, colleagues or customers, then this can become a serious disciplinary issue.

In this case, Mr Smith had posted comments on Facebook about his supervisors and managers which were extremely offensive.  In addition, he had stated on Facebook that he had been drinking alcohol at a time when he was on call - the employer's rule was that employees were not allowed to drink any alcohol when on call.  Whilst he claimed that he was unaware that his Facebook settings meant that his posts were public, and that the comments about drinking were untrue and mere banter, the EAT found that his subsequent dismissal for gross misconduct was fair.

The employer had investigated the matter thoroughly and concluded that Mr Smith's actions were very damaging, as any member of the public could see that he was bragging about drinking whilst on duty, which could result in a loss of trust in the organisation and damage to its reputation.  The employer also concluded that it had lost trust and confidence in the employee because of what he had posted.  The comments he had made about the senior staff would make it very difficult for them to have a reasonable working relationship.

If you don't already have a social media policy, or if you think yours may need updating, please contact us for assistance

No comments:

Post a Comment