Aldridge and Brownlee Solicitiors

Fired for Facebook comment – fair or unfair?

* Employees’ use of Facebook has been an issue with which employers have struggled since its launch in 2004. With over 30 million Facebook users in the UK it is a safe assumption that almost every workforce in the UK is affected in some way by this issue and it is of course noteworthy that Facebook is only one of many social networking sites. The issue of employees posting comments, relating to their employment, on Facebook has been the subject of two recent Employment Tribunal cases. In both cases the employees claimed unfair dismissal when they were dismissed for making comments on Facebook, an issue that is likely to be the subject of many more cases in the near future.

Preece v JD Wetherspoons plc ET/2104806/10
Ms Preece was a manager at ‘The Ferry Boat’ public house, owned by JD Wetherspoons PLC. While working one evening she was subjected to a torrent of abuse from a group of customers and as a result of that abuse she asked 2 of them, Brian and Sandra, to leave. Later that evening several phone calls were made to the pub and Ms Preece was subjected to verbal abuse and threats (by a lady who she believed to be Sandra’s daughter). While Ms Preece was still working she posted a message on Facebook which simply expressed general frustration. Her friends, some of whom were fellow employees, responded to her post and a dialogue ensued in which Ms Preece made negative comments about Brian and Sandra, about them being barred and general comments about work (though the pub was not mentioned by name). JD Wetherspoons PLC later received a complaint about the Facebook postings from Sandra’s daughter and as a result Ms Preece was dismissed for gross misconduct.

The Tribunal held that Ms Preece had been fairly dismissed. It is of great importance to note that a fair disciplinary procedure was followed by the employer and that the company had an Email, Internet and Intranet Policy which prohibited the use of social networking sites for such things as may lower the reputation of the organisation, staff or customers and that a breach of that policy would constitute gross misconduct. Ms Preece was aware of the policy and that her actions amounted to a breach of it.

Stephens v Halfords plc ET/1700796/10
Mr Stephens was a manager at a Halfords Store. Halfords had a policy in place which prohibited the use of social networking sites for making comments that were not in the company’s best interests or may encourage dissent. Halfords held consultations with staff regarding a large number of redundancies and some changes to their working practices. The consultations were with senior staff and were confidential until such time as they had been concluded and all staff had been notified. Following the consultations Mr Stephens saw a post on the company’s intranet which implied that the consultations had concluded. He then created a group on Facebook titled ‘Halfords workers against working 3 out of 4 weekends’ to facilitate discussions with his colleagues. Mr Stephens became aware that he had breached the company’s social networking policy and immediately removed the group from Facebook. Halfords had already been made aware of the group and followed their disciplinary procedures resulting in Mr Stephens’ dismissal for gross misconduct in breaching the social networking policy.

Mr Stephens successfully claimed unfair dismissal as the Tribunal held that it was not within the band of reasonable responses to dismiss Mr Stephens as he had a clean disciplinary record, had removed the post immediately when he became aware of the breach and he had apologised for his actions.

We recommend that all employers have a policy in place to govern the use of the internet, social media and other forms of communication. If you require assistance with any of the issues raised in this article please do not hesitate to contact us.

* This is not legal advice; it is intended to provide information of general interest about current legal issues.