Social Media Misconduct

Social Media Misconduct: long-serving employee’s dismissal over Facebook comments was harsh but fair

In the case of Plant v API Microelectronics Ltd (“API”), the Employment Tribunal held that the dismissal of a long-serving employee was fair after she had made derogatory comments about her employer on Facebook The Tribunal found that Mrs Plant was aware of the company’s social media policy and that the decision to dismiss was within the range of reasonable responses.

Mrs Plant was employed by API as a Machine Operator. She had 17 years service and an unblemished work record. API introduced a social media policy in December 2015 setting out guidelines for staff on unacceptable social media activity, including publishing comments that could damage the reputation of the company. It was made clear in the policy that serious breaches would be regarded as gross misconduct and result in dismissal.

In August 2016, API announced that there was a possibility of relocating the site where Mrs Plant worked. Shortly after this, Mrs Plant posted  a number of comments on Facebook, which included the following: “PMSL [pissing myself laughing] bloody place I need to hurry up and sue them”. She also referred to her role as a “dogsbody”.

Mrs Plant’s comments were brought to the attention of API and she was invited to attend a disciplinary hearing. Mrs Plant did not deny that the comments were aimed at API but she stated that she had not realised that her Facebook comments and profile were linked to her employer’s technology. Mrs Plant was dismissed for gross misconduct on the basis of the offensive nature of her comments.

The Employment Tribunal found that the dismissal was fair. API had carried out a reasonable investigation and there had been a breach of the social media policy because Mrs Plant was aware of the policy and what it entailed. The reference to her position as a “dogsbody” was found to be derogatory and insulting. Despite her length of service, the Tribunal concluded that dismissal was a reasonable response and that her conduct had resulted in a breakdown in trust and confidence.

This case demonstrates the importance of having a clear social media policy, which sets out the sanctions for breach. Employers should ensure that such policies are communicated to the workforce and that employees understand the policy.

Our employment team work very closely with dedicated and experienced HR professionals. We are regularly instructed to carry out annual audits of contractual documentation for our business clients and to draft a wide range of policies and procedures, including disciplinary and grievance, equal opportunities, sick leave and absence, dress code, expenses, data protection, the use of IT and social media.

For further information or a confidential discussion, please contact our expert employment law solicitors on 020 3950 5234 or email info@rllaw.co.uk.