Member Article

Facebook dismissal ruling

A ruling by an industrial tribunal in Northern Ireland has supported a company which had dismissed a member of staff for making offensive comments about a colleague on Facebook.

The ruling could mean that employers will now have the right to dismiss workers for gross misconduct if they post defamatory comments about colleagues on social media sites.

The tribunal found that social networks are public forums, irrespective of the user’s privacy settings.

Although the case is not binding to other tribunals, it is regarded as the clearest indication yet about the courts’ thinking in respect of social media and the workplace.

Stephen Robinson, an employment law specialist for Laytons Solicitors in Manchester, said: “It’s a very good steer and employers can be a little more confident in dismissing an employee for posting offensive comments on social media about other employees even if those comments are made away from the office, in their own time and on their own computer and network.

“A user may have their privacy settings protected as ‘private’ - however there is no privacy where comments can be copied and posted to others.

“Employees should be warned not to post comments on a social media platform that they wouldn’t feel comfortable posting on an office notice board.”

This was posted in Bdaily's Members' News section by Tom Keighley .