Thou doth Tweet too much information!

legal updates

Employers need to consider who else can see an employee's Twitter/Facebook account.

Read our disclaimer keyboard_arrow_down

This website content is intended as a general guide to law as it applies to the motor trade. Lawgistics has taken every effort to ensure that the contents are as accurate and up to date as at the date of first publication.

The laws and opinions expressed within this website may be varied as the law develops. As such we cannot accept liability for or the consequence of, any change of law, or official guidelines since publication or any misuse of the information provided.

The opinions in this website are based upon the experience of the authors and it must be recognised that only the courts and recognised tribunals can interpret the law with authority.

Examples given within the website are based on the experience of the authors and centre upon issues that commonly give rise to disputes. Each situation in practice will be different and may comprise several points commented upon.

If you have any doubt about the correct legal position you should seek further legal advice from Lawgistics or a suitably qualified solicitor. We cannot accept liability for your failure to take professional advice where it should reasonably be sought by a prudent person.

All characters are fictitious and should not be taken as referring to any person living or dead.

Use of this website shall be considered acceptance of the terms of the disclaimer presented above.

The resignation last month of Paris Brown following racist and homophobic tweets posted on her profile raises questions for Employers as to what can be defended by employees in regards to their private social media accounts.

Employers need to consider who else can see an employee’s Twitter/Facebook account, such as customers, suppliers, competitors and other members of your staff and how this could negatively impact on your business. As previously reported, knee jerk responses are never seen to be favourable.

Whilst the tweets to her seemed to be harmless comments and observations/opinions, they highlighted her personal stance on a number of issues, including drugs, homosexuality, and immigration. It can be said that as she was in a position of such seniority she is under additional scrutiny, however if your staff place their personal views on a social media site whilst stating that you are their employer it could be detrimental to your business. The question will be what actual detriment has it caused.

In a recent case of an employee of a local housing trust posted on Facebook his opinions on Gay marriage. The Housing Trust issued a disciplinary for causing damage to reputation, which the Employee appealed. The case reached the High Court who deemed that there had been no breach of contract by the Employee as there was no ‘real risk’ of reputational damage.

This case highlights the risk that still surrounds disciplinary action against social media postings. Employers should consider;

  • Are the posts so offensive/controversial to cause offence to the public reader? Or is it just that you personally find them offensive.
  • Are the posts in any way connected to your business?
  • What is the potential readership of the post?
  • Have you received any complaints from members of the public about the post?
  • Have your staff been briefed on what is and is not acceptable in these situations. What social media policy do you have in place?
  • Does the employee also have access to a business social media account? If so have they been briefed as to what is and is not acceptable usage?

HaswentWebsites for dealers small and large

Composer is a next-gen automotive platform that has been designed from the ground up to give you an intuitive way to promote your stock. You have extensive stock management options, and you'll gain a brilliantly responsive new website to advertise your stock, starting at just £39.99/month.

Dennis ChapmanIn remembrance of Dennis Chapman 1951 -2015Read More by this author

Related Legal Updates

Employment Law: Carer’s Leave

The regulations explicitly safeguard employees from any detriment or dismissal resulting from taking or seeking to take carer’s leave.

Employment Law: Annual Leave Changes

Several significant changes came into force on 1 January 2024 that affect the statutory annual leave and pay entitlements.

The office Christmas party season is here

Where an employee makes comments concerning a person’s body parts or style of dress that are intended to be good-natured but are perceived as offensive…

Update on Rights to Flexible Working Requests

Employers will remain entitled to turn down a request pointing to reasonable grounds as a basis for refusal.

Three new employment laws for 2024

The Carers Leave Act, The Neonatal Care (Leave and Pay) Act and The Protection from Redundancy (Pregnancy and Family Leave) Act.

Parents and Carers: New Protections at Work

Parents and carers will benefit from the following new employment protections that received royal assent in May 2023.

Court management service raises money for charity

Members can leave the legal worries to us and can focus on their core business of selling vehicles, running their service and repair garages, and/or MOT testing centres.

Get in touch

Complete the form to get in touch or via our details below:

Phone
01480 455500
Address

Vinpenta House
High Causeway
Whittlesey
Peterborough
PE7 1AE

By submitting this quote you agree to our Terms & Conditions and Privacy & Cookies Policy.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.