Twooted - Booted because of a Tweet

"Our company will not tolerate inflammatory and insensitive comments. Your social media comment has resulted in you being fired immediately."

When I read this earlier, or words to that effect, I wasn't surprised that there would be some ramifications for using insensitive and inflammatory comments, but I didn't expect to see that the employee was dismissed on the first day back at work.

This particular case was a tweet from a private account, but within the Bio (about me section), the employer was shown next to the details. In fact, the employer and job title are shown on all social media accounts. Should employees show their job titles and employer names if their personal comments are taken to represent their employer's brand?

It's an interesting thought. How much of the mirror is being seen?

From a legal perspective, it might be a little complicated. Article 10 of the European Convention on Human Rights (incorporated into UK law via the Human Rights Act 1998) provides a right to freedom of expression, but this is not absolute. It can be limited, especially in the context of employment, where remarks may conflict with the company’s legitimate interest in maintaining its reputation.

Is there a claim for unfair dismissal? If the employee had more than two years' continuous employment, they could potentially claim unfair dismissal under the Employment Rights Act 1996. For the dismissal to be fair, the employer must demonstrate a fair reason (e.g., misconduct) and follow a fair process. In the case of immediate dismissal, made public in a statement, has the employer followed a fair process or investigation?

Procedural fairness is also crucial. Summary dismissal without an investigation may be problematic. Even in cases of gross misconduct, employers are generally expected to investigate and allow the employee to present their case.

Many companies have social media policies that outline acceptable conduct both inside and outside the workplace. If the employee’s actions breached such a policy, the dismissal could be deemed fair. Employers typically warn employees not to associate the company’s name with offensive or harmful content. A clear policy strengthens the employer's case.

Has your company set out any standards to be followed with social media?

As an employee, would this matter make you think twice about commenting publicly if your social media account shows your job title or employer?

If any lessons are to be learned here there is one simple message. Don't be offensive in communications or cause upset to a material degree.

Think Once, Think Twice - Think Nice.