Misuse of Twitter & Unfair Dismissal : Episode 15

 Social Media

What happens when an employee tweets offensive comments

In this episode of the Podcast I give you a summary of a recent Employment Appeal Tribunal case within which the issue of the misuse of an employees personal twitter account resulted in his dismissal for gross misconduct.  In this case the employee Mr Laws tweeted offensive messages (28 in total) on his personal account and although his account and the tweets were unrelated to work he was dismissed for gross misconduct by his employer Game Retail Limited.

Mr Laws was successful with his claim in the Employment Tribunal for unfair dismissal but the Employment Appeal Tribunal thought that the Tribunal had not applied the correct tests or considered the correct questions when deciding the case.

Particularly you will learn….

  • What the correct test for reasonableness of a dismissal is.
  • The points to consider when disciplining or dismissing an employee for social media comments.
  • Precautions you should take when dealing with social media issues.
  • What the decision means for your business.
  • The background to the decision.

HR Best Practice Tip

The HR tip of the week follows the featured case and gives guidance on your social media policy, why you need one and what you should do to prevent issues.

Podcast references

Game Retail Limited v Mr C Laws

If you would like to read a full copy of the Judgement you can find a copy by clicking EAT full decision Game Retail Limited v Mr Laws

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The information contained in this blog post is provided for guidance and is a snapshot of the law at the time it is written. It is provided for your information only and should not be used as a substitute for obtaining legal advice that it specific to your particular circumstances.

The guidance should not be relied upon in any decision making process. It is strongly recommended that you seek advice before taking action.

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