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

Businesses hear inspirational tale as part of Funding Unlocked event

Businesses hear inspirational tale as part of Funding Unlocked event

04 Nov 2026

2

Group First acquires Northlight freehold Northlight Grounds

Group First acquires Northlight freehold

04 Nov 2026

3

Vincents Solicitors acquires Worralls Vincents

Vincents Solicitors acquires Worralls

04 Nov 2026

4

City’s £1.55m funding to tackle derelict buildings Former Larder Property Lancaster Road

City’s £1.55m funding to tackle derelict buildings

03 Nov 2026

5

Gym Gear acquired by Findel Established Gym Gear Has Earned An Excellent Reputation Over Its Past 21 Years Of Trading

Gym Gear acquired by Findel

03 Nov 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
LBV131 November/December Magazine Networking Event
LBV131 Magazine Launch Social720No Text 19 Nov 2026

LBV131 November/December Magazine Networking Event

The Landmark, School Lane, Burnley, BB11 1UF

08:30 - 10:30

Lancashire Business Day 2026
LBD26 WW Logo720 27 Nov 2026

Lancashire Business Day 2026

Burnley Football Club, BB10 4BX

12:00 - 17:00

Sub36 Reunion & Networking
03 Dec 2026

Sub36 Reunion & Networking

Burnley Football Club, BB10 4BX

15:00 - 17:00

Lancashire Net Zero Conference 2027
NZC27 Social 1200x800Generic 1 11 Feb 2027

Lancashire Net Zero Conference 2027

The Wellbeing Farm, Edgworth, Wheatsheaf Hill Farm, Plantation Road, BL7 0BY

09:30 - 02:00

Help to Grow: Management Course
Help To Grow 25 Sep 2026 - 15 Dec 2026

Help to Grow: Management Course

University of Lancashire, Preston, PR1 2HE

09:30 - 12:00

Breakfast Social and Coworking Day: November
Brekfast social Nov Creative lancs small.png.png 05 Nov 2026

Breakfast Social and Coworking Day: November

Society1, Coworking Space, Preston, PR1 3LT

10:00 - 12:00

Clubhouse Business Network sponsored by Orca Finance - November 2026
Club House Padel 05 Nov 2026

Clubhouse Business Network sponsored by Orca Finance - November 2026

Clubhouse, Blackburn, BB1 3NT

14:00 - 16:00

Lancashire Construction Connections
1790691579952.jfif.jpg 05 Nov 2026 - 05 Nov 2026

Lancashire Construction Connections

Holmes Mill, Clitheroe, BB7 1EB

14:00 - 17:00

National Minimum Wage (NMW) and National Living Wage (NLW) Compliance
Untitled design (11).png.png 10 Nov 2026

National Minimum Wage (NMW) and National Living Wage (NLW) Compliance

Online - Microsoft Teams

11:00 - 11:45

Immigration changes on the horizon - what HR teams need to know
Immigration webinar.png.png 10 Nov 2026

Immigration changes on the horizon - what HR teams need to know

Online, via Microsoft Teams

12:00 - 12:45

Preston Tech Connection: People Behind The Ideas
11 Nov 2026

Preston Tech Connection: People Behind The Ideas

Society1, Coworking Space, Preston, PR1 3LT

18:00 - 19:03

Ai in business: protect, innovate & grow
Door4 Forbes 12 Nov 2026

Ai in business: protect, innovate & grow

Brockholes Nature Reserve, Preston, PR5 0AG

09:00 - 12:00

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 LBV130 Online GraphicWebsite
Subscribe now

Weekly news bulletin