Employers must get their social media policies in order, say Chris Bryden & Michael Salter
The issue of social media use in the workplace context is one which is likely only to become more relevant as individuals increasingly operate their social lives online and merge the boundaries of professional and personal. In a recent article we considered the present position relating to disciplinary steps for comments posted on social media fora. (“Damage limitation") Smith v Trafford Housing Association [2012] EWHC 3221 illustrated the approach of the courts in upholding a claim for breach of contract, following the demotion of Smith for commenting on Facebook that gay marriage was “a step too far”. However, other cases referred to in that article demonstrated that an employer could fairly dismiss for derogatory postings, or those which brought the company into disrepute, particularly where a clear policy in this regard was in place. This area of law bears further consideration following a number of recent cases.
In Teggart v TeleTech UK Limited [2012]
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