Social media or internet use outside work may amount to misconduct and be a potentially fair reason for your employer to discipline you. If your conduct is sufficiently serious you could even be dismissed. The question of whether your use of social media outside work justifies disciplinary action (and possibly dismissal) by your employer is very fact specific.
Social Media Use At Work
Your employer is likely to have its own policies on use of social media at work which you may be familiar with. Allegations of misconduct at work tend to involve an employee’s excessive or inappropriate use of the internet during work hours, use of the employee’s work email or address or downloading inappropriate material or software onto their employer’s computers.
Restrictions on the use of social media at work are common and your employer’s policies should make it clear what conduct will not be condoned and the consequences of any breach.
Social Media Use Outside of Work
Many employees are more surprised to learn that their employer could take action against them for social media use outside of work. Most people have at least one social media account with many frequently posting on their Facebook or X feeds or posting videos on YouTube or TikTok. Your employer cannot normally take action for anything you do on your own computer or phone in your own time. However, if something you say or post affects the employment relationship, or affects your ability to do your job or damages your employer’s reputation, then your employer could be justified in taking disciplinary action.
What Will My Employer Consider?
Your employer will likely consider whether your use of social media is work related. Information given to you about your employer’s corporate image and reputation as well as your employer’s expectations as regards use of social media will also be relevant. Your employer should not take a disproportionate view of the damage or potential damage to their reputation, just because the material you post does not put your employer in the best light. Even if your social media post is not sufficient to bring your employer’s reputation into serious disrepute, if it harasses a colleague, for example, this could be sufficiently serious to justify dismissal for gross misconduct.
Your response to an allegation by your employer that your social media post is harmful may also be relevant. If your response is unreasonable, perhaps if you repeat an offensive comment about a colleague or refuse to remove a comment, your employer may be justified in taking disciplinary action.
Dismissed For Social Media Use?
If you are dismissed and you do not believe that dismissal is reasonable or if your employer has not undertaken a fair disciplinary process, you may have grounds for an unfair dismissal claim (subject to you having qualifying service). For more information about unfair dismissal please see https://lincslaw.co.uk/blog/can-i-bring-a-claim-for-unfair-dismissal/
When looking at whether a dismissal is fair an Employment Tribunal will consider whether it was reasonable in all the circumstances for your employer to dismiss you for the misconduct identified. Is there evidence that your employer’s reputation has been or is likely to be damaged? Are there any mitigating circumstances to take into account? Mitigating factors may be your admission of guilt, an apology or an unblemished record.
Some conduct might amount to misconduct rather than gross misconduct. The conduct may be serious enough to warrant dismissal but not be enough to justify summary dismissal, i.e. dismissal without notice. In these circumstances you may have a wrongful dismissal claim. For more information about wrongful dismissal see https://lincslaw.co.uk/blog/what-is-wrongful-dismissal/
It is worth noting that even if a dismissal is found to be unfair an Employment Tribunal can significantly reduce an employee’s award of compensation due to the employee’s own actions contributing to their dismissal. For more information about how unfair dismissal compensation is calculated please see https://lincslaw.co.uk/blog/how-is-unfair-dismissal-compensation-calculated/
Lincs Law Employment Solicitors Can Help You
If you would like advice on your own situation please contact us for a free enquiry on 01522 440512 or via the web chat or contact form on our website at www.lincslaw.co.uk.
Kathryn Bolton
Associate
Specialist Employment Solicitor
Lincs Law Employment Solicitors
Tags: disciplinary for social media use dismissal for social media use Employment Law Specialists Kathryn Bolton Employment Solicitor lincs law employment solicitors social media activity social media use outside work