Here are some issues that could arise in your business:

• Excessive use of social media in work time
• Revealing confidential information about the company on social media platforms
• Bringing your company into disrepute, for example making defamatory comments about individuals or companies

Having a Social Media Policy which sets clear expectations, standards, and the consequences of misconduct, should minimise the risk to your business from these types of issues.

Here’s an example of a tribunal case on Social Media:

‘Trench v Performance Bars Ltd: 2603993/2020’

The employee who worked part time in the bar, shared a former employee’s Facebook post alleging unsafe working practices and sexual harassment of female staff and customers at the workplace.

The employer dismissed the employee for gross misconduct, stating that the employee had publicly criticised the business. 

On the face of it you may think that that was the right thing to do, the employee has potentially bought the company into disrepute on a public platform so that’s gross misconduct.

Following the dismissal, the employee bought a claim of unfair dismissal to the employment tribunal and the claim was upheld. This was because the employer did not carry out a reasonable investigation, there was no written invitation to the hearing and no right of appeal was given, due to the failure to follow the ACAS code of practice on disciplinary and grievance procedures, the award was increased by 20% for breaches of the code as well.

Having policies [or set out procedures] and following them can help businesses in the long term, even if your initial thoughts are you don’t need them, you cannot predict what actions your employees will take in the future.  

Don’t forget that you need to ensure you communicate your policies to new starters, existing staff and capture that they have read and understand them.

If you have more questions about social media issues or a potential disciplinary case then reach out on 📲 01905 900080.