Can I be fired for posting something on social media?

13/02/2019


There’s no denying that social media is ubiquitous today and many would argue that if you don’t want people to see it, don’t publish it on Facebook – simple as that. Except, it’s not always as simple as that.

Particularly in areas of work where social media may be a key tool of your trade – for example journalism, media or public relations – it may be difficult to separate your personal online persona from your professional one.

In the run up to the 2015 marriage equality referendum, RTÉ famously imposed a ban on all staff from posting their opinions or their intention to vote one way or another on social media. The national broadcaster issued a statement at the time to say that their ban was put in place to limit risks of the public expression of staff and contractors’ personal views damaging trust in the fairness and impartiality of the station.

But is it different if you work for a private company? Can you use social media to freely express any view you hold? And, if so, does your employer have any right to tell you otherwise?

Well, yes, they do actually. A UK case in which an employee of a pub took to social media after work to complain about two customers who had been abusive towards her during her shift saw her employers later dismiss her for gross misconduct. The woman argued during her employment tribunal that her dismissal was disproportionate as she had a previously unblemished work record and, furthermore, she thought she was communicating to a small group of people in a private forum.

But, the tribunal upheld the woman’s dismissal and accepted that her actions constituted gross misconduct. Her right to freedom of expression under under Article 10 of the Convention on Human Rights did not prevent her dismissal because her action damaged the reputation of her employer.

Just because the post was ‘only’ to her online group, it was still published and therefore could potentially have had a bearing on her employer’s commercial interests as well as their reputation.

As with any other case concerning a person’s right to freedom of expression, that right must be balanced with the right to privacy – including reputation. With this in mind, employees should be aware that posting something about another person, or a company, is not akin to chatting with a friend in their kitchen about it. When you post something on social media, albeit on a page with privacy settings switched on, you are publishing it on the internet, and therefore your statement about another person or a company are subject to be examined under the Defamation Act 2009.

Any reputable company will have a set of Social Media Guidelines that is issued to staff on commencement of employment and kept in an easily accessible place for staff to refer to as necessary.

Employees should be made aware that any inappropriate use of social media, either on their own accounts or on company accounts, may have consequences including disciplinary proceedings and a copy of the company’s Grievance and Disciplinary Policy should be provided.

This can be a complicated area of employment and defamation law. If you feel like you have been unfairly disciplined as a result of social media usage it’s a good idea to contact your solicitor.*

*In contentious cases, a Solicitor may not charge fees or expenses as a percentage of any award or settlement.

Contact us for more information

Can I be fired for posting something on social media?

06/12/2018


There’s no denying that social media is ubiquitous today and many would argue that if you don’t want people to see it, don’t publish it on Facebook – simple as that. Except, it’s not always as simple as that.

 

Particularly in areas of work where social media may be a key tool of your trade – for example journalism, media or public relations – it may be difficult to separate your personal online persona from your professional one.

 

In the run up to the 2015 marriage equality referendum, RTÉ famously imposed a ban on all staff from posting their opinions or their intention to vote one way or another on social media. The national broadcaster issued a statement at the time to say that their ban was put in place to limit risks of the public expression of staff and contractors’ personal views damaging trust in the fairness and impartiality of the station.

 

But is it different if you work for a private company? Can you use social media to freely express any view you hold? And, if so, does your employer have any right to tell you otherwise?

 

Well, yes, they do actually. A UK case in which an employee of a pub took to social media after work to complain about two customers who had been abusive towards her during her shift saw her employers later dismiss her for gross misconduct. The woman argued during her employment tribunal that her dismissal was disproportionate as she had a previously unblemished work record and, furthermore, she thought she was communicating to a small group of people in a private forum.

 

But, the tribunal upheld the woman’s dismissal and accepted that her actions constituted gross misconduct. Her right to freedom of expression under under Article 10 of the Convention on Human Rights did not prevent her dismissal because her action damaged the reputation of her employer.

 

Just because the post was ‘only’ to her online group, it was still published and therefore could potentially have had a bearing on her employer’s commercial interests as well as their reputation.

 

As with any other case concerning a person’s right to freedom of expression, that right must be balanced with the right to privacy – including reputation. With this in mind, employees should be aware that posting something about another person, or a company, is not akin to chatting with a friend in their kitchen about it. When you post something on social media, albeit on a page with privacy settings switched on, you are publishing it on the internet, and therefore your statement about another person or a company are subject to be examined under the Defamation Act 2009.

 

Any reputable company will have a set of Social Media Guidelines that is issued to staff on commencement of employment and kept in an easily accessible place for staff to refer to as necessary.

 

Employees should be made aware that any inappropriate use of social media, either on their own accounts or on company accounts, may have consequences including disciplinary proceedings and a copy of the company’s Grievance and Disciplinary Policy should be provided.

 

This can be a complicated area of employment and defamation law. If you feel like you have been unfairly disciplined as a result of social media usage it’s a good idea to contact your solicitor.*

 

 

*In contentious cases, a Solicitor may not charge fees or expenses as a percentage of any award or settlement.

 

Contact us for more information


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