Managing social media inside of work is usually straightforward—no personal use on company time. But can you control what your staff post on social media outside of work? That’s more complicated.
Test your knowledge
See if you can answer these three quick questions…
One of your employees posts photos on Instagram of them drinking tequila and partying until 4am. Their shift started at 8am, and they don’t seem drunk or hungover… can you fire them?
One of your male employees tweets a sexist joke. A female employee sees it and is offended. She reports it to you. You agree it’s offensive. Can you fire the male employee?
An employee posts a photo on Facebook of their sad face. Underneath there’s a caption saying they hate their job and their boss, and they wish the business would burn down. Can you fire them?
Let’s see how you did…
If you decided to fire any of the above employees—wrong answer. Let me explain…
Social media is still relatively new territory in terms of employment law. And it’s unlikely that there’ll be clear-cut laws in this area any time soon. Why?
Because it’s difficult to prove the context intent and impact of a social media post, so creating one blanket rule for the appropriateness of content is impossible.
The employees above? If there’s no employment law in place, then they didn’t break any rules—even if you do think their behaviour is unprofessional.
So, what can you do?
Create a social media policy
Managing social media outside the workplace is largely down to you, the employer. Creating a social media policy sets out guidelines and best practices for your employees, and helps to protect your business against potential liability.
As with all your internal documentation, you should tailor your to your business needs. But it’s good practice to state that staff should not use social media to:
Reveal confidential information about the company
Upload photographs of themselves or any other employees at work or wearing a work uniform
Make defamatory comments about the company
Express personal opinions about the company
Say anything that people could view as bullying or harassment
You should also set out the consequences of any social media policy breach, and the likelihood of disciplinary action up to and including .
Make social media use as clear as possible in your workplace by creating a social media policy today. Need help writing it? Download our free sample social media policy here.
Can I fire someone over a social media post?
Can I fire someone over a social media post?
Dismissal
Peninsula Group, HR and Health & Safety Experts
(Last updated )
Please Note: This content is accurate on the date of publishing
FAQs
Got a question? Check whether we’ve already answered it for you…
HR management outsourcing is when a team of experts manage your HR by looking after your contracts, policies, and procedures.
These are the HR essentials every business needs. Without them, your staff could bring successful claims against you, you could lose thousands in legal fines, and even face prosecution. Never underestimate the benefits of HR support for a small business.
We have years of experience in providing HR for SMEs and HR management outsourcing. Contact us to see how we can support you, including HR advice for small businesses - as well as medium and large companies.
Good human resource management is having round the clock support when you need it the most.
Whenever there’s a staff challenge or an important legal update, you just pick up the phone and get the help you need – no matter the time or place.
The main benefits of HR outsourcing are:
- Cost saving: Reduces the expenses for such things are hiring, training and employing an in-house HR team.
- Time saving: Saves time for staff members away from HR tasks.
- Improves expertise and compliance: Provides ongoing advice and support to ensure complete and total compliance.
- Reduces risk: Reduces the risk of any payroll and compliance failures.
Outsourcing HR is cheaper than hiring internal staff and saves you money overall when it comes to your HR service. Plus, you avoid making mistakes that could cost you heavily in claims and legal fines down the line. Every business should consider HR support as a way to avoid claims.
Peninsula is one of the leading HR outsourcing services in the UK, and by working with us you get access to our HR advisory service. Contact us for your outsourced SME HR today.
The key functions of HR outsourcing services are:
- Payroll and benefits: Helps a business to manage employee wages, tax processing, and employee enrolment.
- Recruitment and onboarding: Helps with job descriptions, sourcing new candidates, interviewing, and ensuring a smooth onboarding process.
- Compliance with employment law: Helps to ensure compliance with ever-changing employment legislation.
- Employee relations: Helps to manage grievance and disciplinary procedures, and any ongoing support that's required.
- HR admin: Helps to handle and manage daily tasks, such as employee records, sorting employment contracts, and processing any leave requests.
- Training and development: Helps to create and deliver staff training programs to improve employees' skills.
In the case of Lanuszka v Accountancy MK Services Ltd, the Employment Tribunal had to consider whether the alleged misconduct was the real reason for the dismissal.
In the case of Ashe v Claims Equilibrium Club Ltd, the Employment Tribunal had to consider whether a director was constructively dismissed following a breakdown in the relationship between them and a fellow director.