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

Lancashire turbines sold to Belgium Europlay 2

Lancashire turbines sold to Belgium

20 Oct 2026

2

Round of promotions across PM+M Pmm Promotions October 26

Round of promotions across PM+M

20 Oct 2026

3

Brysdales to sponsor transport category at Red Rose Awards Red Rose Awards

Brysdales to sponsor transport category at Red Rose Awards

19 Oct 2026

4

Cowgills expands into Lancashire following Haleys acquisition Haleys Image

Cowgills expands into Lancashire following Haleys acquisition

19 Oct 2026

5

Why flexibility matters for your fleet Lee Grendall Intack

Why flexibility matters for your fleet

19 Oct 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

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

They’ve Already Decided About You – Sales Geek Sales Club: how buyers judge you before you speak – and what to do about it
Lancaster And Morecambe Logo 1 21 Oct 2026

They’ve Already Decided About You – Sales Geek Sales Club: how buyers judge you before you speak – and what to do about it

Lancaster & Morecambe College, Lancaster, LA1 2TZ

08:00 - 10:00

Mock Tribunal - step inside an employment tribunal… without the risk
LBV Website Events GraphicMock Tribunal 21 Oct 2026

Mock Tribunal - step inside an employment tribunal… without the risk

Online, Preston, PR1 3JD

09:30 - 12:30

Preston Freelancer Meet-Up: October
Freelance Meet Up 22 Oct 2026

Preston Freelancer Meet-Up: October

Society1, 9-10 Cross Street, Preston, PR1 3LT

10:00 - 12:00

Girlie Night Out
Lancaster And Morecambe Logo 1 23 Oct 2026

Girlie Night Out

Lancaster Brewery, Lancaster, LA1 3LA

19:00 - 23:00

North West Business Expo
LBV Website Events GraphicBusiness Expo 1 23 Oct 2026

North West Business Expo

Toughsheet Stadium , Bolton, BL6 6JW

09:00 - 15:00

The PM+M Autumn Budget seminar - East Lancashire
Autumn Budget 2026 LBV 29 Oct 2026

The PM+M Autumn Budget seminar - East Lancashire

Blackburn Rovers Football Club (Premier Suite), Blackburn, BB2 4JF

08:00 - 10:30

Lancashire Finance Leaders Forum: The Autumn Budget in Focus
ian-UmTFcwHLPC0-unsplash.jpg.jpg 29 Oct 2026

Lancashire Finance Leaders Forum: The Autumn Budget in Focus

Farington Lodge Hotel, Stanifield Lane, PR25 4QR

08:00 - 10:00

Autumn Budget 2026
Lancaster And Morecambe Logo 1 30 Oct 2026

Autumn Budget 2026

Lancaster & Morecambe College, Lancaster, LA1 2TZ

08:00 - 10:00

Blackburn Budget Breakfast 2026
LBV Website Events GraphicBudget Breakfast 30 Oct 2026

Blackburn Budget Breakfast 2026

Premier Suite, Blackburn Rovers FC, Blackburn, BB2 4JF

07:30 - 10:30

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