First social media constructive dismissal case

For some time we have highlighted the issues arising out of the use of social media and going on at the moment in the Reading Tribunal (yes, it all happens here) is what is thought to be the first time somebody has claimed constructive dismissal because of his use of social media.

As with most professionals, the employee who worked for BG Group used the business networking site LinkedIn.  He had uploaded his CV as part of his profile and had ticked the box to say that he was interested in career opportunities.  We don’t have the full details but it appeared that his posting on LinkedIn included details of his achievements which could have contained information that BG Group regarded as sensitive and perhaps confidential.  His manager in the US took exception and ordered him to take down his CV immediately and invited him to a disciplinary meeting.  The outcome of this dispute is that the employee resigned claiming constructive dismissal.

It will be interesting to see what the tribunal decides and also to get the full detail of this case.  We will report back once a decision is reached.  In the meantime, this should serve as a warning to both employers and employees alike.  Employees should be careful about what they post.

Employers should:

• Ensure that they have a clear policy on the use of social media – link it to what is confidential information and to your disciplinary policy;
• Be consistent about how that policy is implemented;
• Be clear about the possible sanctions for breach.  Whilst some breaches may warrant dismissal, there will be others for which dismissal would be a step too far.  It is of course best to seek advice before taking any disciplinary action given that this is a new field.

Created 9 January 2012