Social media in the dock

By LBV

05 Mar 2012

We recently saw the first Employment Tribunal case concerning the alleged constructive unfair dismissal of an executive following a social media networking dispute.

John Flexman had posted his CV on professional networking site, LinkedIn, and ticked the box to register an interest in ‘career opportunities’. In his CV he detailed comments about his employer, BG Group, which were allegedly “negative towards the company”. BG Group started disciplinary action, following which Mr Flexman resigned.

For some, time employment experts have been warning of the problems that can arise through the use of social media in the workplace. In 2006, when the phenomenon was first emerging, the Trades Union Congress described Facebook’s 3.5 million users as “HR accidents waiting to happen”.

From an employer’s perspective, the key risks of their employees using social media relate to:

• Productivity: If every employee in a 50-strong workforce spent 30 minutes on a social networking site every day, that would work out at a loss of 6,500 hours of productivity per year.

• Discrimination: anti-discrimination laws can hold employers “vicariously” liable for discrimination by their employees.

• Reputation: comments made by employees on networking sites that are defamatory or negative towards their employer can damage its reputation.

• Confidentiality: employers are also exposed to the danger that employees may post confidential information online. Furthermore, if an employee uses LinkedIn after employment to contact clients or suppliers, does that breach post-termination restrictions aimed at non-solicitation?

Possible solutions include blocking or imposing an outright ban on any access to social networking sites at work, but this does not cure the problem of “out of hours” activity and it is likely to be unpopular with staff.

Employers also cannot ignore the potential benefits of social media to their business, including marketing opportunities and making new contacts, so it is important to strike a balance.

The key is communicating to staff what is and what is not acceptable. Introduce a social media policy to set clear parameters about permitted use, including rules about accessing social media sites at work; information about what monitoring may be undertaken; and a reminder to employees that they must not disclose confidential information or trade secrets or make derogatory or discriminatory comments.

Stacey Barlow
Solicitor, Napthens

Enjoyed this? Read more from LBV

Latest news

1

EG On The Move seals 27-site deal Zuber Issa, pic provided by EG On The Move

EG On The Move seals 27-site deal

01 May 2026

2

FWP’s community goal for Trafford FC is a winner Trafford FC plan

FWP’s community goal for Trafford FC is a winner

01 May 2026

3

Strong results in first year as EOT for Conlon Construction Conlon board includes Andrew Makinson, Lee Parry, Nadine Ng, Darren Lee, and chairman Guy Parker

Strong results in first year as EOT for Conlon Construction

30 Apr 2026

4

Lancashire manufacturers backed to adopt AI with new Made Smarter toolkit ELE Advanced Technologies

Lancashire manufacturers backed to adopt AI with new Made Smarter toolkit

30 Apr 2026

5

Experts stress the urgency of starting AI journey Speakers at the Cybersecurity summit

Experts stress the urgency of starting AI journey

30 Apr 2026

Background image for hub sign up block

LBV Hub

Leverage Lancashire Business View platforms

Post your news
Post your events
Post your offers
Build your network
Improve your SEO
Gain coverage in the magazine
Sign-up
Events
LBV128 May/June Magazine Networking Event
Canva - Mag Launch
Networking
19 May 2026

LBV128 May/June Magazine Networking Event

Colne Market Hall, Lancashire, BB8 0HS

08:30 - 10:30

Funding Summit
Funding Logo Canva Mid
Summit
17 Jun 2026 - 17 Jun 2026

Funding Summit

Village Hotel Blackpool

08:30 - 11:00

Society1 Open Coworking Day
LBV Hub Networking
06 May 2026 - 06 May 2026

Society1 Open Coworking Day

Society1, Coworking Space, Preston, PR1 3LT

10:00 - 16:00

The AI Lab: E-commerce
LBV Hub Seminars
08 May 2026 - 08 May 2026

The AI Lab: E-commerce

Door4, Burnley Wharf, Manchester Road, Burnley, BB11 1JG

09:00 - 11:30

Emergency First Aid at Work
LBV Hub Seminars
08 May 2026 - 08 May 2026

Emergency First Aid at Work

FGH Training, 3rd Floor, Storey House, White Cross Business Park, Lancaster, LA1 4XQ

09:00 - 16:00

Fire Warden Training
Logo.jpg.jpg
LBV Hub Seminars
11 May 2026 - 11 May 2026

Fire Warden Training

Bell Lancaster, Cleveley House Farm, Miller Brow, , Forton, PR3 1DR

09:00 - 15:00

The Business Network Central and East Lancashire
LBV Hub Networking
14 May 2026 - 14 May 2026

The Business Network Central and East Lancashire

Longridge House, Preston, PR3 2TB

11:30 - 14:15

Research and Knowledge Exchange Festival 2026
Spark 2026 newsletter v3-5 (1).png.png
LBV Hub Seminars
18 May 2026 - 22 May 2026

Research and Knowledge Exchange Festival 2026

University of Lancashire, Preston, PR1 2HE

10:00 - 20:00

Culture, Community & Commerce in the City # 1 - Northern Dough Co x WASH Studio
8.png.png
LBV Hub Networking
20 May 2026 - 20 May 2026

Culture, Community & Commerce in the City # 1 - Northern Dough Co x WASH Studio

SOciety1, Coworking Space, Preston, PR1 3LT

18:00 - 20:30

How to handle an underperforming employee
Logo.jpg.jpg
LBV Hub Seminars
20 May 2026 - 20 May 2026

How to handle an underperforming employee

The Longlands Hotel, Carnforth, LA6 1JH

08:00 - 10:00

Preston Freelancer Meet-Up: May
LBV Hub Networking
21 May 2026 - 21 May 2026

Preston Freelancer Meet-Up: May

Society1, Coworking Space, Preston, PR13LT

10:00 - 12:00

Stop Underselling, price for profit, not just survival
Logo.jpg.jpg
LBV Hub Seminars
21 May 2026 - 21 May 2026

Stop Underselling, price for profit, not just survival

Lancaster & Morecambe College, Lancaster, LA1 2TZ

08:00 - 10:00

Advertise with us

Reaching 50,000 members, our print, digital and event platforms offer a fantastic way to raise your business profile and help you grow.

Find out more LBV124 Online Graphic
Subscribe now

Weekly news bulletin