Facebook Friends – a danger post Employment?

legal updates

Make it clear in a social media policy that any social media sites that are used for the business purposes are under your control.

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.

We have discussed previously the dangers that social media can cause with Employees in the workplace. However, what about when an employee leaves your employment, can social media be an ongoing issue?

Whilst most employment contracts will hold ‘post termination restrictions’ which restrict contacting customers for a period of time after the employee, can these restrictions apply to keeping contacts on a social media site?

You can obviously restrict access to company social media pages through post termination restrictions as they are the property of the company, but restrictions on personal accounts will be more of a challenge to overcome.

A customer will see from their personal profile that the Employee has left your employment and choose to contact them at their new place of work. This would not be covered by post termination restrictions as the ex Employee has not actively contacted the customer; however you have still lost business.

You can make it clear in a social media policy that any social media sites that are used for the business purposes are under your control, so if you ask an employee to use their personal page to contact people, you can order that these contacts be deleted upon termination.

In essence we would recommend it safer that you set up a company page and not let personal pages be used as a marketing platform, as this will be in your control. You may also put that you do not wish for employees to put their place of work on their personal pages without permission, as this may also eliminate other issues associated with facebook and employees.

Brave AgencyDriving growth in the automotive industry

Brave is an award-winning digital agency offering a comprehensive range of services aimed at helping your business grow. From rebrands and web development to marketing campaigns that get you noticed, we do it all. Since 2000, we’ve helped businesses across the automotive sector reach new heights. Could yours be next?

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.

April 2023 Pay Rate Increases

The new financial year is upon us, with new rates abound.

Get in touch

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

01480 455500

Vinpenta House
High Causeway

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.