Can facebook posts be used in a work disciplinary?

[KrazyIvan]

An odd one, there is no mention of facebook in my contract, but there is a line about "bring the name or reputation of the company into disrepute, regardless of weather is it is in or out of work hours" or something like that.

If you have a similar thing, then they could use that, but as stated they would need to show that your comments were about work, and could be linked back to them (the company)

[dave9]

you need to be careful about what you put on PH too

[NDA]

fleece22 said:

NDA said:

How long have you been employed by this company?

Been with them just short of 5 years

Then you are fully protected by employment laws. There are others here far more qualified in this area, but they certainly won't be able to dismiss you easily.

I would have thought a cautionary word with you would be sufficient.

[R1 Loon]

NDA said:

Then you are fully protected by employment laws. There are others here far more qualified in this area, but they certainly won't be able to dismiss you easily.

I would have thought a cautionary word with you would be sufficient.

The length of employment is irrelevant when it comes to gross misconduct, anyone can be dismissed with immediate effect if an infringement is deemed serious enough. Most companies have a reference to social networking sites in their staff handbooks. This is usually in the examples of Gross Misconduct so there is limited wiggle room.

[wiggy001]

Sounds like someone wants you out and this is their (pretty poor) way of doing it. I'd like to kno whow they can prove (from a printout) that you wrote what is alleged, at the time alleged and that there was any reference to the company.

As already mentioned, I can see a compromise agreement on the horizon so read up on them and understand them and why employers use them.

Good luck.

[JonRB]

wiggy001 said:

Sounds like someone wants you out and this is their (pretty poor) way of doing it. I'd like to kno whow they can prove (from a printout) that you wrote what is alleged, at the time alleged and that there was any reference to the company.

Indeed. Lock down your FB to friends only, delete the "offending" posts. Then ask them to prove that printout wasn't fabricated with one of those joke online Facebook generator apps.

[NDA]

R1 Loon said:

NDA said:

Then you are fully protected by employment laws. There are others here far more qualified in this area, but they certainly won't be able to dismiss you easily.

I would have thought a cautionary word with you would be sufficient.

The length of employment is irrelevant when it comes to gross misconduct, anyone can be dismissed with immediate effect if an infringement is deemed serious enough. Most companies have a reference to social networking sites in their staff handbooks. This is usually in the examples of Gross Misconduct so there is limited wiggle room.

True. I was considering the less than 12 month angle and a lesser offence.

From the facts given, the Facebook commentary doesn't seem like gross misconduct. However if his posts fall within gross misconduct set out in his terms and conditions then it's more tricky. As you suggest.

[davepoth]

fleece22 said:

The comment I made that seems to have offended was 'when all those around you are miserable bds just keep smiling' This as I pointed out was about an incident that had happened before I started work that day but as a friend then commented underneath 'you at work?' this supposidly implies I was talking about my work colleagues.

Thanx for the link..... I shall take a proper look tomorrow when my brain is less frazzled!

That's incredibly shaky. If you'd written "everyone at work is a miserable bd" then yes, but that's so vague they must really hate you.

[JonRB]

davepoth said:

fleece22 said:

The comment I made that seems to have offended was 'when all those around you are miserable bds just keep smiling' This as I pointed out was about an incident that had happened before I started work that day but as a friend then commented underneath 'you at work?' this supposidly implies I was talking about my work colleagues.

Thanx for the link..... I shall take a proper look tomorrow when my brain is less frazzled!

That's incredibly shaky. If you'd written "everyone at work is a miserable bd" then yes, but that's so vague they must really hate you.

Either the OP isn't being entirely circumspect or there are grounds for an Industrial Tribunal here.

[R1 Loon]

JonRB said:

Either the OP isn't being entirely circumspect or there are grounds for an Industrial Tribunal here.

That's quite impressive given we don't even know the result. The other aspect is that the first words often stated at a Tribunal are "We are not here to listen to why you didn't do it, we are here to ascertain what the process for disciplinary is in your company and where this process was breached."

So do you know where the process was breached?