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Legal matters

Social media - is my employer really allowed to do this?

82 replies

Cydonia · 19/03/2019 21:28

I’ve got myself into trouble at work for commenting on a Facebook post which was then shown to management who took a dim view of my comments. Personally I don’t really see the problem, they were only very mildly critical of the company and it wasn’t obvious that I worked for them. Anyway, I have to have a meeting to discuss my breach of the social media policy. I’ve never seen this, so thought I’d better familiarise myself.
I was a bit shocked to find this -
“ The organisation reserves the right to monitor employees’ internet usage, but will endeavour to inform an employee when this is to happen and the reasons for it. “ It goes on to say what they consider valid reasons for this, and then that they reserve the right to retain any information for a period of one year?
Can they honestly do this?! Bearing in mind I wasn’t using a work computer, or even at work at the time. Just seems very controlling.

OP posts:
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c75kp0r · 19/03/2019 22:42

As far as I know, slagging off your employer outside of the office can be a breach of the duty of trust and confidence you have to your employer even if there was no social media policy. Be careful about sounding off in public - if you have a grievance make sure you raise it through the correct channels /policy.

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kateandme · 19/03/2019 22:44

just out of interest.can you say "god shit day at work today"

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Amoregentlemanlikemanner · 19/03/2019 22:54

I’m with you OP

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dreichuplands · 19/03/2019 23:08

It is very normal has been for years.

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GoGoGadgetGin · 19/03/2019 23:15

itsnotso I don't get it, so because they are an alcohol support worker they are not allowed to drink alcohol? Is that in the contract? I think that's horrifically invasive of privacy that the complaint was upheld. Unless they were posting 'wahay totally smashed at weekend and did X illegal activities'

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cdtaylornats · 19/03/2019 23:17

It isn't just social media, if you make a disparaging comment to a TV or print reporter you will be in the shit.

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itsnotso · 20/03/2019 07:00

@GoGoGadgetGin yes they did write something like that, minus the illegal activities but. No it's not in their contract but it is in our social media policy not to bring the organisation into disrepute, which this did. This was an extremely vulnerable client who had lost everything, and saw this person as a role model. Social media policies are very muddy. Whilst I totally sympathised with my colleague (I mean, who hasn't posted about wild nights out?!), the company took the view of the complainant and I had to follow procedure.

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Yogagirl123 · 20/03/2019 07:15

Normal practice for many companies to check SM platforms before offering employment or whilst employed.

When you put a comment in the public domain that anyone can view, or so called friends, why would they need your permission?

Might be wise so start looking for alternative employment, lesson learnt.

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JollyAndBright · 20/03/2019 07:27

It is standard social media policy for virtually all companies that you cannot post anything or comment on anything to do with your employer in even a mildly negative way, some even prohibit all reference to the company on social media.

Not knowing about the policy or not agreeing with it are not a defence.
Apologise and use better judgment in future.

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Yabbers · 20/03/2019 07:31

they were only very mildly critical of the company

You were slagging them off.

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cdtaylornats · 20/03/2019 07:36

anything you do outside your contracted hours and contracted tasks is not your employer's business.

Totally wrong - anything you do that can be associated with your company can and will bite you back.

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SexNotJenga · 20/03/2019 07:39

You have a right to privacy, yes, but the comment you made wasn't private. Facebook isn't private, unless you are very careful with your settings.
It sounds like you commented on a public post, in which case you had no reasonable expectation of privacy.
Most companies monitor what it is being said about them in the Internet. They'd be mad not to. It's really not surprising that they spotted it. It's more likely that they searched for #OP'scompany and spotted your comment than that they were specifically monitoring you personally.

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Nat6999 · 20/03/2019 07:46

Lock all your SM privacy down, don't add anyone from work to your accounts & if you can, block your employers from your SM. Then at least you can post what you want on your own accounts. Don't post any comments about your employers on anyone else's wall.

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ReanimatedSGB · 20/03/2019 08:50

I really do think these policies need to be resisted, challenged and in fact prohibited. Simply because they encourage employers to consider employees property, and can be used to prevent whistleblowing over serious health and safety breaches and poor employment practices.

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PrincessButtockUp · 20/03/2019 09:00

You mentioned you were taken over and you're still on your old contract. If you were TUPE transferred you should have had a letter explaining the process and whether there were any "measures" which basically means whether you are now subject to the new company's policies. It's common practice so they only have to run one set of policies, and it probably means you've been subject to them the whole time. Sorry that probably isn't good news.

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NekoShiro · 20/03/2019 09:29

Pretty sure employers look up your social media before they hire you now too, just only use an alias from now on and you can speak freely, don't put your real name on anything online, (unless you're purchasing something obviously) way to risky

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Amoregentlemanlikemanner · 20/03/2019 09:30

This:


"I really do think these policies need to be resisted, challenged and in fact prohibited. Simply because they encourage employers to consider employees property, and can be used to prevent whistleblowing over serious health and safety breaches and poor employment practices."

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chuffnstuff · 20/03/2019 09:42

Someone I worked with years ago put a post on FB asking if anyone had the CEO's email address as she wanted to contact him after having a bad day (micro management by her boss).

She was put on a disciplinary, made to delete her FB account and was off work for 3 months and demoted when she returned.

There are soooo many things I'd love to make public about my employer but wouldn't dare share on SM.....

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GoGoGadgetGin · 20/03/2019 10:07

Sorry to come back to you it's but was your employee posting on a public site, or did they have public account? I'm trying to understand if the service user came across the post or actively searched for the staff member? What outcome did they want from their complaint? That the staff member was drinking alcohol? That they enjoyed drinking? That they had facebook? I always thought that one of the things that is spoken about within addiction services is that you cannot expect others to not have alcohol just because you have had difficulties.
Apologies again for the questions just interested!

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Grace212 · 20/03/2019 10:09

I think the "glass of wine" story really demonstrates this has gone too far. Agree that test cases would be interesting.

It's one thing to slag off the company - another thing entirely in the glass of wine example. Hard to tell what OP is saying she did, of course.

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goldengummybear · 20/03/2019 16:35

There's been quite a few stories in the news about people getting sacked after slagging off employers. Before you get a job, it's standard for employers to google you these days.

Only criticize your employers on anonymous forums or as it's 2019 do it verbally so nobody can screenshot your comments.

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Tensixtysix · 20/03/2019 16:41

Employers do have the right to check up on employee SM. You just have to be clever about it and keep the settings 'tight'.

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FleurNancy · 20/03/2019 22:01

Urgh, I had similar in my old job a couple of years ago, except it was a post on my own private friends only feed. I had several colleagues on social media and should have known that at least one would take pleasure in snitching on me and I got a bollocking. I stand by everything I said though, they were a hateful bunch and I'm glad I left, neither the "friend" who snitched on me or the line manager who bollocked me was far behind either. Learnt my lesson though! Best not to say anything negative about anything ever on Facebook and keep it all rainbows and kittens.

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Userplusnumbers · 21/03/2019 04:37

Employers do have the right to check up on employee SM

They don't actually, especially since GPDR. However, if an individual postbisnflagged vias usual monitoring or via another channel, they can take action

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redexpat · 21/03/2019 05:58

Someone at my work has been blacklisted for liking and commenting on a post thsr criticised the company. His contract ended and was never renewed.

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