• Helen Manson

What Can I Do About Inappropriate Social Media Postings?

Are you concerned about postings by your staff on social media?

You need a clear social media policy which will assist in managing your concerns, and ensure staff know what is, and isn't, accepted.

If you're considering taking action because of an employee causing reputational damage or bringing the business into disrepute, consider the following:

  • Who, and how many people saw the posting?

  • Was clear reference made to your firm?

  • Has a complaint been made?

Tips for managing potential social media misconduct

1. Refer to your social media policy

Having a clear policy puts you in a far better position should there be a need to take action against an employee.

2. Investigate

Ensure a full investigation is carried out, as you would for any other potential misconduct matter.

3. Disciplinary action If disciplinary action is appropriate, it must be supported by evidence. The action must be proportionate to the seriousness of the offence. The following factors are likely to be relevant to an Employment Tribunal in determining whether the dismissal a legitimate course of action:

  • The seriousness of the alleged misconduct;

  • The risk of reputational damage to you

  • The terms of your social media policy;

  • The employee’s seniority within the company;

  • Has any confidential information has been disclosed;

  • Mitigating factors, such as the employee’s service record,

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