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can i discipline employees for things they write on social media in their private life?

Can I discipline employees over private social media posts? Webb v London Underground

Posted by HR & Employment Team

In the employment tribunal case of Webb v London Underground, an employee was dismissed for making a number of offensive and discriminatory posts on her personal Facebook page. The employee argued that she had a reasonable expectation of privacy over her Facebook posts, and that her dismissal was therefore unfair.

The employment tribunal disagreed, finding that the employee’s Facebook posts were “wholly unacceptable” and that she had “no reasonable expectation of privacy” in relation to them. The tribunal also found that the employee’s dismissal was fair, as it was a proportionate response to her misconduct.

This case is significant because it sets a precedent for how employment tribunals will consider the privacy of social media posts in future cases. The tribunal’s decision makes it clear that employees do not have a reasonable expectation of privacy over their social media posts, even if they are made on a personal account. This means that employers can discipline or dismiss employees for making offensive or discriminatory posts on social media, even if the posts are made outside of work hours.

The case also highlights the importance of employees being mindful of what they post on social media. Even if you think your posts are private, there is always a risk that they could be seen by your employer or colleagues. It is therefore important to think carefully about what you post, and to avoid making any posts that could be considered offensive or discriminatory.

Here are some additional details about the case:

  • The employee, Ms. Webb, was a customer service advisor for London Underground.
  • Ms. Webb made a number of offensive and discriminatory posts on her personal Facebook page, including calling her colleagues “lazy” and “useless” and making racist and sexist remarks.
  • London Underground became aware of Ms. Webb’s posts and dismissed her for gross misconduct.
  • Ms. Webb appealed her dismissal to an employment tribunal.
  • The employment tribunal upheld London Underground’s decision to dismiss Ms. Webb.

The case of Webb v London Underground is a reminder to employees that they should be mindful of what they post on social media. Even if you think your posts are private, there is always a risk that they could be seen by your employer or colleagues. It is therefore important to think carefully about what you post, and to avoid making any posts that could be considered offensive or discriminatory.

If you need any help with any aspect of people management or Health & Safety for your business, contact our friendly team on 0161 603 2156 or at [email protected] today and we’ll discuss how we can help!

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