Misuse of social media by employees, especially in the health sector, can cause major issues for employers. This document discusses common forms of social media misuse like breaching confidentiality or bringing the organization into disrepute. It examines recent case law on dismissing employees for offensive social media posts and explores best practices for organizations, like having clear social media policies and procedures for monitoring and disciplinary action.

2. Misuse of social media

3. Misuse of social media is a real problem for
today’s employers with employees in the health
sector able to cause their employers more of a
headache than most!
In this session we will look at common forms of
misuse, recent case law, real life case studies
and discuss best practices that your organisation
can adopt to manage an employee’s use of social
media and minimise risk.

4. • views about the organisation
• views which could bring the organisation
into disrepute
• breach of confidentiality
• extremist views
• comments about colleagues

5. • whistleblowing
• ‘Human Rights’
• breach of patient confidentiality
• data protection
• professional misconduct
• bullying / harassment/ discrimination
• vicarious liability
• employee monitoring

6. An accepted principle: behaviour outside work can
justify disciplinary action if there’s a sufficient
connection with work
• potentially fair reasons for dismissal
• can apply to conduct outside of work
• does the conduct affect the employment?
This principle is equally applicable to the social media
age.

7. Smith v Trafford Housing Trust
• comments made on Facebook about gay
marriage
• employer breached contract by demoting

8. Teggart v TeleTech UK Ltd
• comments made on Facebook about
‘promiscuity’ of female colleague
• dismissal for gross misconduct was within
range of reasonable responses

9. Employee registered a private Twitter
account which he also used to monitor
activity on individual store Twitter accounts.
The employee posted offensive tweets;
dismissed for gross misconduct.

10. • EAT upheld employer’s appeal; re-
affirming the appropriate test was
whether the decision to dismiss fell
within the ‘range of reasonable
responses’
• was the employer entitled to conclude
that the offensive material might have
caused offence?
• cases will always be fact-sensitive

11. • employee made a snide remark regarding
care given to a patient on Facebook
• no names
• however colleagues and relatives could
identify patient from the information
given

12. • derogatory twitter remarks during
suspension
• employee denied being the author.

13. • employee brought Tribunal proceedings
against employer
• employee pursuing reinstatement/re-
engagement
• being considered by employer as part of
settlement negotiations
• prematurely posted on Facebook about
‘winning’.

14. • group of employee express extremist
views on Whatsapp
• suspended
• disciplinary proceedings ensue.

15. • can you control what your employees do?
• no - but you can make them think twice

16. Check your policies
• do you have a social media policy?
Clarification of rules on personal use –
limited or entirely banned?
• rules on monitoring
• rules on acceptable use of social media

17. Check your policies
• is your disciplinary policy up to date?
• do your other policies refer to social
media – e.g. anti-harassment and bullying
policy, IT policy, data protection policy.

18. During an investigation:
• retain your evidence – screen shots

19. Please get in touch if you have any questions or wish to
discuss the topic we covered further…
e rachael.jellema@brownejacobson.com
t +44 (0)121 237 4553