This document discusses disciplinary action related to employee use of social media. It provides examples of cases where disciplinary action was considered fair, including: 1) An employee sharing sexist and racist views online, inconsistent with their work. 2) An employee making rude comments about a company's customers that were viewed by many. 3) An employee damaging a company's brand image. 4) An employee being dismissed for bondage activities discovered online that conflicted with their work with sex offenders. 5) An employee bullying a coworker online. The document advises employers to create social media policies, train employees on appropriate use, and take action against harassment.

1. By Howat Avraam Solicitors
Understanding
the legal
aspects behind
employee use of
social media
Chapter 2 – Disciplinary Action and Social Media

2. Introduction
• Social Media: the new normal; everyone is using it, but it
can have pitfalls in the work environment and legal cases
frequently occur
• Previous legal cases are defining what you should and
shouldn’t do as an employer
• Learn about real-life legal cases, and receive clear
checklists for action within your own workplace
• Undoubtedly employers with clear policies and contractual
terms are better placed to protect their business
Experienced | Business Focused | Responsive

3. Chapters
1. Misuse of Internet and Emails
2. Disciplinary action and Social Media - TODAY
3. Protecting Confidential Information
4. Social Media and Recruitment
Experienced | Business Focused | Responsive

4. When is disciplinary action fair
following employee use of social
media?
CHAPTER TWO
Examples:
1. Inappropriate private
behaviour
2. Potential readership
3. Reputational damage
4. Privacy
5. Bullying and
Harassment
Experienced | Business Focused | Responsive

5. Example 1:
Inappropriate private behaviour
Real-life example: Lifeline Project employee
Sexist and racist views shared online were inconsistent
with an employee’s work with drug users in prison and
Lifeline’s aim of providing services to disadvantaged and
minority groups
Gosden v Lifeline Project Ltd ET/2802731/2009
Experienced | Business Focused | Responsive

6. Example 2:
Potential readership
Real-life: Rude and offensive remarks were made about
JD Wetherspoons’ customers online
Viewed by significant number of people
(646 facebook friends)
Dismissal proportionate and FAIR
Preece v JD Wetherspoons plc ET/2104806/2010
Experienced | Business Focused | Responsive

7. Background: brand image and commercial reputation is
significantly important for Apple Retail
• Detailed social media policy and training had been
provided
• Potential readership was high
Dismissal Fair
Crisp v Apple Retail (UK) Limited ET 1500258-11
Example 3:
Reputational Damage
Experienced | Business Focused | Responsive

8. Example 4:
Privacy
Article 8 ECHR:
• Employee of probation services working with sex offenders
• Dismissed when his involvement in bondage and
sadomasochistic activities was discovered
• The individual complained dismissal infringed on his right to
privacy and family life
Pay v United Kingdom [2009] IRLR 139
Verdict: Interference with
P’s rights was justified
given activities in which he
was engaged and the
nature of his work
Experienced | Business Focused | Responsive

9. Example 5:
Bullying and harassment
Real-life:
• Employee makes comments on facebook about colleague’s
promiscuity.
• Employee dismissed for harassing colleague and bringing
company into disrepute.
• Dismissal Fair
Teggart v TeleTech UK Limited NIT/704/11
You must treat online bullying and harassment as if it
had occurred in the workplace
Assess: Did the employer take reasonable steps to
prevent employee harassment?
Experienced | Business Focused | Responsive

10. When is disciplinary action fair following
employee use of social media?
Adopt a social media policy to encourage appropriate employee use of social media
Inform employees of corporate image and reputation and expectations on use of social
media
Remind employees that online misconduct can amount to misconduct or in some cases
gross misconduct, the same as offline misconduct would
Ensure the social media policy is consistent with other policies e.g. Anti-harassment and
bullying policy, Disciplinary rules, IT & communications policies
Take necessary action to prevent harassment and bullying via social media
Include references to social media in anti-harassment and anti-bullying policies
Provide training to employees on appropriate use of SM and monitor for compliance

11. Remember: Social Media is the new
normal
Your staff
Your boss
Your friends
Your family
New apps and
uses every day
It’s not going
away

12. Who we are
Niki Avraam, Founding Partner | Tel: 020 7884 9700 |
Email: niki.avraam@hasolicitors.co.uk | howatavraamsolicitors.co.uk
This Seminar is presented by Howat Avraam Solicitors.
We are commercial, employment and dispute resolution specialists. We focus
on law for businesses, and our clients appreciate our straightforward,
practical and commercial approach.
“As a firm they are astute, commercially aware people who demonstrate care
and professionalism in all that they do.”
For more information or advice on how we can help your business today,
please get in touch.