Labour Research July 2015

Law Queries

Social media

Q. I am facing disciplinary action for posting something foolish and stupid about my line manager on my Facebook feed. But I only have 30 Facebook friends, they certainly don’t include my line manager and I use all the available privacy settings. Surely I should be allowed to say what I want on my Facebook page?

A. Sorry. The bad news is that employment tribunals treat social media sites such as Facebook and Twitter as public spaces. In other words, limiting access to a post to a specific group of “friends” will not make it private, or reduce the risk of disciplinary action — possibly sometimes even dismissal, for making a derogatory post.

More often than not, disciplinary action is triggered not because the employer has seen your feed, but rather because disgruntled fellow workers get wind of your post, print it off and pass it to management.

The best advice is never to mention your work at all on social media.