At HR Consultancy HR Caddy, we have seen growing concerns regarding employee conduct on social media, especially when controversial posts impact an organisation’s reputation. A recent case highlights this issue, where a senior HR business partner at a prominent law firm was dismissed after making inflammatory comments on social media.
The individual, who had been with the firm for 12 years, faced an internal investigation over posts concerning transgender rights, Islam, and the war in Ukraine, ultimately resulting in their dismissal. The posts in question included derogatory remarks about Islam, describing it as a “7th century barbaric cult,” as well as offensive comments on transgender issues, such as labelling transgender individuals over 18 as mentally ill. The individual also posted negative comments about Ukraine’s president, referring to him as a “coke addict.” These remarks, flagged by a political group, led the law firm to take swift action.
The firm, which promotes inclusive policies such as gender-neutral facilities, made it clear that the views expressed were personal and did not reflect their organisational stance, reaffirming its commitment to maintaining an inclusive environment for all employees.
Further complications arose as the individual was running for council office with Reform UK, but their party membership was suspended following the backlash.
From a HR perspective, social media conduct can present significant challenges for employers. While misconduct occurring in the workplace is straightforward to address, the complexity increases when the behaviour is on personal social media accounts. In this case, the individual’s posts caused damage to the firm’s reputation, prompting the employer to take appropriate action.
To set your expectations of employee’s conduct online HR Caddy advises that employers must establish a robust social media policy to clarify acceptable behaviour both inside and outside the workplace. This ensures transparency and helps protect against potential unfair dismissal claims. Clear guidelines on what constitutes unacceptable conduct are essential when you are looking to mitigate risk and avoid reputational damage.
Moreover, a recent spike in searches around employer social media monitoring (up by 900%) suggests growing concerns. While monitoring is legal in the UK, employers must be transparent about their intentions, ensuring that any data collected is relevant and that employees are informed about the monitoring process. If employees disagree with the monitoring, they have the right to challenge it in an employment tribunal.
As social media plays an increasingly significant role in the workplace, employers must be proactive in developing policies to manage the risks associated with employee conduct online.
