Blogging about your workplace

Social media, such as Facebook or blogging generally, are fast becoming the normal way for people to communicate with each other.  You may yourself be a regular blogger. People blog about everything from what they watched on the TV last night to what they’ve had for breakfast that morning.  

More and more though, employees are using social media as a means of sounding off about what’s happened to them at work.  As an employer, you have your business reputation to think about. With the potential for any adverse comments about your business to be seen by your existing and potential customers, you do not want your own employees to be communicating negatively about your business.   If they do, then you need to ensure that you have the proper policies and procedures in place so that you can take the appropriate disciplinary action against the offending blogger.  

A properly drafted policy about the use of social media came to the benefit of JD Wetherspoon in a recent tribunal decision where after being subjected to verbal abuse and physical threats from two customers, an employee, while she was still on duty, commented on what had happened to her on her Facebook site. The employee then had various derogatory Facebook conversations with her friends about the customers. One customer’s daughter complained to Wetherspoons that derogatory comments about her mother had been made “very public.”  Disciplinary action was taken against the staff member, a Ms Preece, and she was then dismissed for gross misconduct. 

Although the employee had the right to express herself, the Employment Tribunal  took the view that as Wetherspoons were entitled to try to protect their reputation, then they were entitled to act as they did and the dismissal was found to be fair.  

A factor for the Tribunal in this case was that Wetherspoons had a social media policy which clearly allowed them to take disciplinary action for blogs which were damaging to them. In terms of their employee handbook, a failure to comply with the email, internet and intranet policy would amount to gross misconduct. It also referred to blogging and reserved Wetherspoons’ right to take disciplinary action should the contents of any blog, including pages on social media sites such as MySpace or Facebook, “be found to lower the reputation of the organisation, staff or customers and/or contravene the company’s equal opportunity policy.” 

Given the ease with which employees can access social media sites through personal mobile phones, Blackberries etc, then if you don’t have an up to date social media policy, you should contact us NOW to find out what you need to do to ensure that your business reputation is protected and that you can take the necessary disciplinary action against any employee who threatens to damage it. 

Speak to Julie Sullivan  (jks@businesslaw.co.uk t:01383 745 784) if you think this may have implications for your business.