Do you have a policy that deals with social media? if not, the case of Preece v. JD Wetherspoons Plc [2011] is important for you.
Preece was verbally abused and threatened by two customers in the bar where she worked. She dealt with the situation in a professional manner at the time but later, while still at work, vented her frustration via Facebook making a number of abusive and inappropriate comments. She believed that only some work colleagues and school friends could view these however, the customers’ daughter saw them and complained.
Under the Wetherspoon’s social media policy, gross misconduct included a failure to comply with its email, internet and intranet Policy, which provided that disciplinary action could be taken should the content of any blog, or comments on MySpace or Facebook “lower the reputation of the organisation, staff or customers” or an employee committed and act which affected “employee or customer relations or which brings the company’s name into disrepute”. The Claimant had signed an agreement to follow the policy and was subsequently dismissed for gross misconduct.
Preece then brought a claim for unfair dismissal.
Decision – Wetherspoon won the case, the Tribunal found that its decision to dismiss fell within the range of reasonable responses open to a reasonable employer, hence the dismissal was fair.
Protect your company - if you don’t have a social media policy in place you need one, call us now on 01992 704704 or email mali.smith@melburyconsulting.com
