Employers increasingly find themselves dealing with productivity and reputational issues arising out of employees’ social networking activities.  An employer may be liable for defamation as a result of material distributed by an employee in the course of their work. Further, an employer’s reputation can be damaged by material posted outside working hours, or via home or personal systems.  

A recent UK case serves as a reminder to employers of the importance of implementing a robust email and internet policy which encompasses social networking.  

In this case the employee, a pub manager, was subjected to verbal abuse and threats of physical violence from two customers and subsequently to a number of abusive phone calls by a relative of one of the customers.  A short time later, while still on duty, the employee posted a number of derogatory comments about the customers on her Facebook page.  These comments were viewed by relatives of the customers who complained to her employer.  

The employer invoked the disciplinary process and the employee was subsequently dismissed for gross misconduct.  The basis for dismissal was that her conduct breached the organisation’s email and internet policy and brought the organisation into disrepute. The policy gave the employer the right to take disciplinary action for any online conduct (including that outside of work) which lowered the reputation of the organisation, its staff or customers.

The employee claimed unfair dismissal.  The Employment Tribunal determined that the dismissal was a fair and reasonable response to her conduct.  It did not matter that the comments were not posted via the employer’s systems.  

For employers, this case illustrates the importance of having a clear and widely drawn email and internet policy to include the use of social media, including activities outside of work where such activities damage the employer’s reputation.  

Employers are reminded that the Irish Employment Appeals Tribunal is not bound to follow this decision and indeed may find against an employer where, although procedures are observed in the disciplinary process, a dismissal is considered a disproportionate response to the misconduct in question. 

Contributed by Louise Harrison, Alicia Compton.

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