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Threatened with sack over Twitter account

40 replies

TempusFuckit · 16/06/2014 19:19

Hello, and help! And apologies for length ... Reported from Legal Matters as this is probably the better section.

I am currently going through redundancy and am doing a trial in the job which is replacing mine. I don't want the job, as I believe the company has engineered the change in order to get rid of me - I have a statement from my former line manager explicitly stating that our boss asked him to suggest changes to my role with a view to get me out. I only took the trial on advice, and intend on saying I don't want the job next week.

Last week, my boss called me into his office and quizzed me about my personal Twitter account, which has several thousand followers and which I changed the name of two months ago when the redundancies were first announced to remove the name of my employer. He said the company view is that it owns the account and that I had to change it back by the end of the day or be in breach of contract.

I looked up the company Twitter policy, which states employees using Twitter for work must put the name of the company in their Twitter name, but are free to take the account with them and its followers, as long as it is renamed.

That was on Wednesday, and the company still hasn't conceded the account is mine. I am afraid they might come back and say we've rewritten the policy or something similar.

My question is what should I do if this does happen? If I stand my ground, would I have a case for unfair dismissal? For context, other staff members have left with company branded accounts and have not been required to hand them back.

It may also be worth mentioning I am the office union rep, and we have just successfully balloted for strike action. I have never used my account to criticise the company before (and don't intend to).

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flowery · 17/06/2014 09:05

If the policy says the account remains the property of employees when they leave then that's the position.

However if I'm reading correctly, the policy also says the company name must remain on it until the employee leaves? In which case if you removed the company name two months ago, you have breached the policy, haven't you?

Why not stick to the policy? Keep the company name on until you leave, then as you leave, remove the company name, again as per the policy. Then await their actions. I doubt they'd attempt any legal action post employment contrary to their issued policy.

TempusFuckit · 17/06/2014 10:56

Oh, I did say I would change it back, but someone's taken the original name now. I asked them if they wanted me to change it to another branded name, and they've not replied Grin

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TempusFuckit · 17/06/2014 11:27

Okay, update - company is requiring me to change the name "to reflect the fact it is a company owned account."

It also says "we require that your work Twitter account is retained by [company] in perpetuity given that the large number of followers is as a direct result of your role".

They're still on a hiding to nothing, right? I think my contract might state that copyright of all work I undertook while employed is retained by the company, but it makes no mention of social media accounts - that's covered by the social media policy.

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MrsCakesPremonition · 17/06/2014 11:38

I would be so tempted to change the email address to a 100% new email address and change the twitter account name to a 100% new name. Then set up a new twitter account using the old(ish) company name and the original email address and then hand that over to them sans followers.
But it would probably only fan the flames

MrsCakesPremonition · 17/06/2014 11:38

I would be so tempted to change the email address to a 100% new email address and change the twitter account name to a 100% new name. Then set up a new twitter account using the old(ish) company name and the original email address and then hand that over to them sans followers.
But it would probably only fan the flames

HenI5 · 17/06/2014 11:49

I've just looked at my own Twitter Account and can't see an option to print a list of followers but perhaps you can screen capture them and print them off for future reference

You can use an app such as unfollowers or any other Twitter follower monitor (Google for track my Twitter followers) which gives you breakdowns of who follows you, who you follow, who doesn't follow back etc etc

OP can you not just set up another account in your own name and include works at xxx including the words 'All Tweets and Opinions My Own'
Tweet a link to your other account and use that to follow your current followers.

Your employers might not like that but I'm not sure if they could do anything about it or if they'd say it breaks any policy?

peggyundercrackers · 17/06/2014 12:02

tempus surely your response to It also says "we require that your work Twitter account is retained by [company] in perpetuity given that the large number of followers is as a direct result of your role". is that you don't have a work twitter account - you have your own twitter account whereby they asked you to add their brand name to it.

I wouldn't email or contact any of your followers about a new twitter account for you whilst you are working there as im guessing they will class this as gross misconduct.

TempusFuckit · 17/06/2014 12:19

Peggy, that sounds like a shrewd response.

I have now been in touch with my union rep's cover, who is getting their lawyer to look at this urgently. Will let you know how it pans out ...

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HenI5 · 17/06/2014 13:03

Will be interested to see how it all pans out as for me it's a new and grey area 'owning' Twitter followers when the account is set up my an individual.
Possibly they would see tweeting a link to a new account as gross misconduct but does it still stop you from setting up another account and following your existing followers without ever tweeting anything from it?

Can you really 'own' followers? Is there any other case that's set a precedent?

The only issues I've really seen to date have been where someone who's clearly identifiable as working for a particular employer has got into trouble by tweeting indiscriminately. On the other hand I haven't been looking to see what other implications an account might have.

TempusFuckit · 17/06/2014 13:46

It is really interesting - although with the policy I don't think there's any real black and white here. This is just them trying it with a bit of intimidation.

The value of the account is more in who is following it, rather than who it follows.

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HenI5 · 17/06/2014 14:57

Yes, I get that TF, my point is that if you can harness your followers somehow now, if or when you no longer have control of your existing account you wouldn't necessarily have to start from scratch because an awful lot of the people you follow would follow you back as a matter of course.

You could later change the profile blurb and photo and even the screen name, but again, depending on how big an issue it became, your current employers might pursue you over that. It could be a risk.

Obviously I'm talking in abstracts not knowing the line of business but I'm taking an interest because it does sound like they're trying to intimidate you and it doesn't seem like they're treating everyone with the same policy rules.

TempusFuckit · 30/06/2014 15:33

Hello all,

Just to update - the company today informed me they no longer want to keep my Twitter account. So a lot of stress and bother over nothing.

Thanks to all who commented - it was very reassuring to know so many people agreed with me :)

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HenI5 · 30/06/2014 16:47

Sigh of relief then. Phew Smile

StandsOnGoldenSands · 30/06/2014 20:34

Hooray ! And now you can go on a massive push to build up loads of followers Grin

TempusFuckit · 30/06/2014 20:54

Haha, yes Stands, world domination beckons Grin

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