WHAT does 2016 hold for you? At FG Solicitors we consider it looks bright for employers from an employment law perspective; unfair dismissal claims significantly decreased in the year 2014/2015 as compared to 2013/2014 and it is anticipated that the downward trend in claims will continue. Although unfair dismissal cases decreased last year, there were some notable themes for us as advisors and the employment tribunal. One such theme was the use of social media, which for most of us is now a key part of our personal and working lives.
WHAT does 2016 hold for you? At FG Solicitors we consider it looks bright for employers from an employment law perspective; unfair dismissal claims significantly decreased in the year 2014/2015 as compared to 2013/2014 and it is anticipated that the downward trend in claims will continue. Although unfair dismissal cases decreased last year, there were some notable themes for us as advisors and the employment tribunal. One such theme was the use of social media, which for most of us is now a key part of our personal and working lives. Sometimes, and perhaps inevitably, personal use can conflict with an individual’s obligations to their employer and this is where both parties then fall out with a common outcome being dismissal followed swiftly by a tribunal claim. In one recent case, an employee was dismissed for making derogatory comments about his employer on Facebook.
The employer had a social media policy which prohibited any action on the internet which might embarrass or discredit it. The employee’s comments were made two years earlier and included ‘going to be a long day I hate my work’ and ‘on standby tonight so only going to get half p***** lol’. Even though the employee had made the comments two years earlier, the employment appeal tribunal decided that the employer’s decision to dismiss was fair. Key to this particular case was that the employer had an effective social media policy. Whilst it is clear that such a policy plays an active part in protecting online reputation, which ultimately contributes to business success, this case is important because it shows that an appropriately worded policy will allow an employer to impose the severest sanction available to it where the employee’s conduct seriously oversteps the mark.
If employers resolve to implement one policy in 2016, a pragmatic social media policy should be at the top of the agenda. Such a policy will provide an opportunity to set out clear guidelines about, amongst other things, network security, monitoring, and data protection. More importantly, the policy can clarify the employer’s position on acceptable and unacceptable uses of social media as well as personal use in the context of the employment relationship; the consequences of a breach of the policy (for example, dismissal) can also be stated.
To get a bespoke social media policy for your business, or for any other related queries, please contact us on or 0808 172 9322