Rarely a month passes by without another case in the news involving the use or misuse of social media in the workplace. Improper use of social media can have far reaching consequences for an employee in that they may lose their job and for an employer in that they may suffer public, reputational risk.
A recent case reminds us again of the importance of ensuring that such policies are up to date.
In the case, Mr Smith worked as a manual labourer within a team who were responsible for the upkeep of canals and reservoirs. They worked a five week rota. One week in five was a 'stand by' week and during this week, employees could not consume alcohol.
The British Waterways social media policy listed gross misconduct as including any action on line which could embarrass or discredit the company.
Mr Smith made derogatory comments on Facebook in 2011 and there was a suggestion that he had consumed alcohol. The company knew of this in 2012 but took no action. The company found more incriminating evidence and dismissed Mr Smith in 2013.
Mr Smith's claim for unfair dismissal was upheld at the first hearing but his employer appealed. Their appeal was allowed by the Employment Appeal Tribunal and clarified that an employer who fails to respond promptly to an act of misconduct will not necessarily lose the opportunity to take later action.
Although the company succeeded in the end, the case reminds us of the difficulties in this digital age.
Firms should ensure that their policies are regularly updated and that their employees are trained as to the impact of the policies. Some organisations even require their employees to regularly sign up to their policies.
If you would like advice on your policies or any other employment related issue, contact us.