Social media blunders: What employers can do


20th May 2019

This article first appeared in HR Magazine on 17 May 2019.

There are many recent, high profile examples of public figures in hot water with their employers over comments made on social media.

Although it might not receive as much publicity, handling social media mistakes made by less well-known employees is a growing area of concern for HR professionals and advisers and social media policies will help employers to manage the tricky issues that can arise.

Careful judgement and watertight policies around employee posts are needed to navigate the murky world of social media.

Just how should employers deal with staff posting potentially-damaging comments on social media and how far can organisations go in searching a person’s social media profiles when deciding whether to recruit or discipline someone?

The starting point is whether the employee or potential recruit has posted such comments publicly. A private message sent on Facebook to a few people grumbling about a bad day at work is unlikely to come to light and, if it does, unlikely to be enough to discipline anyone.

A public communication that can be viewed by anyone (whether a tweet, a post, a like or even an emoji) is largely fair game for employers, especially if that person is clearly linked to the employer’s business. However, once you’re aware of the communication the question of what you can do about it depends on a number of factors.

First, what do your policies say about social media?

To read the full article, written by Holly Cudbill in HR Magazine, click here.

Specialists in employment law

Speak to one of our experts for astute advice and legal representation

Arrange a call

Enjoy That? You Might Like These:


guides

27 March
The Employment Law Handy Fact Card 2026/27 from Blake Morgan Read our brand new handy fact card. April is the usual month for increases in a wide range of statutory... Read More

articles

26 March
April is the usual month for increases in a wide range of statutory rates and limits. This year is no exception. However, April 2026 also sees the implementation of many... Read More

events

26 March
The next Public Sector Insights webinar will focus on the Employment Rights Act 2025, the biggest upgrade to employment rights in a generation, and the impact its implementation will have. Read More