The People Management article reported on a recent tribunal which found a paint sprayer had been unfairly dismissed.
His former employer had claimed he had breached its social media policy, however the tribunal found against the firm.
Peter Woodhouse, Head of Business Sector, provided a legal explanation on the ruling and said that, in this instance, “the employer got the process wrong in some fairly basic ways”.
“Sometimes employers can get upset when employees post damaging social media, but should remember that not all social media posts that they happen not to like will justify a dismissal,” he said.
“The case is a handy reminder of some of the processes that an employer must get right in a social media disciplinary context.
“Lesson one is if you are going to rely on a breach of a policy, be sure that the employee is in breach of it. Lesson two is if you are going to dismiss for reputational reasons, be sure to be able to show what they are, and lesson three: an appeal is a golden opportunity for an employer to rectify any previous deficiencies in the process.”
The People Management article can be read in full here.