Frettens Banner Image

News & events

Social Media Dismissal

British Waterways Board v Smith

The Employment Appeal Tribunal (“EAT”) held that the employer acted fairly when dismissing an employee for the comments he made on Facebook, despite the employee’s claims that these comments were untrue.

In this case, the employer submitted that the employee had used Facebook to make derogatory remarks about the employer and, in particular, management. It was also claimed that, two years earlier, he had consumed alcohol whilst on a standby period, which was strictly prohibited. Although the employee argued that the comments were nothing more than ‘banter’ and denied he had been drinking, he was summarily dismissed on the grounds of gross misconduct. The employer believed that the employee’s comments had ultimately undermined the confidence they could have in him as an employee of the company and could tarnish their public reputation.

In the first instance, the employment tribunal found that the dismissal was unfair on the basis that the employer failed to consider the employee’s mitigating factors, namely his submission that the comments were exaggerated and false.

When the case reached the EAT, however, the decision was overturned and the dismissal was held to be fair. This was because having found that the procedure was fair and reasonable, the employment tribunal must have concluded that the employee's mitigation was taken into account (which the EAT thought it had). Therefore it appeared that the employment tribunal had substituted its view for that of the employer, which it was not entitled to do.

In Practice

This case is a cautionary tale for all social media users. It goes without saying that the impact of social media on the workplace is increasing every day. Companies are able to successfully promote and manage their businesses at the click of the button, but with these benefits comes certain pitfalls. It is important to remember that through these ever increasing social platforms, now employees, as well as employers, have a voice. Therefore it is important that employers consider whether any comments made on these social platforms may be likely to cause significant damage to the business.

At Frettens, all of our solicitors offer a free initial meeting or chat on the phone to answer your questions. If this article raises issues for you or your business, please call us on 01202 499255 and Kate or Paul will be happy to discuss it with you.

The content of this article, blog or video is not intended as specific legal advice. For tailored assistance, please contact a member of our team.

home