Managing Social Media and Employee Misconduct Online

Avoiding Reputational Risk

Author: Sophie George

Key contact: Chris Aldridge

In the age of constant connectivity, what employees post online – whether during work hours or not – can have serious implications. For employers with staff members who use social media as a form of activism, as we have seen in the case of Gary Lineker and the BBC this week, the risk of reputational damage is higher than ever. What’s clear is that employers need to understand their rights, limits, and obligations when managing social media and employee misconduct online.

Personal posts, public consequences

While employees have a right to a private life under Article 8 of the Human Rights Act 1998, this right is not absolute, especially where public posts conflict with an employer’s values or damage its reputation.

Even when using personal accounts, employees can face consequences if:

• They are identifiable or linked as employees of a particular organisation
• Their posts conflict with the employer’s code of conduct or policies
• They post discriminatory, offensive, or unlawful content
• Their actions undermine trust and confidence.

Reputational damage and employer liability

Employers are increasingly concerned about the reputational damage arising from social media activity, especially when posts go viral or attract media attention.

Key risks include:

• Negative press coverage: inappropriate or controversial posts by employees may attract media scrutiny, leading to damaging headlines that can harm the public perception of the organisation.
• Client complaints or business loss: clients or business partners may raise concerns or sever ties if they perceive that an employee’s social media conduct contradicts the organisation’s values or brings its professionalism into question.
• Damage to public trust: for organisations operating in highly regulated or trust-sensitive sectors (e.g. finance, healthcare, education), loss of credibility with the public can have long-lasting effects. Trust, once lost, is difficult to rebuild and may affect the company’s ability to attract customers, talent, or investment.
• Internal morale and culture issues: posts that appear discriminatory, offensive or hostile can damage workplace morale. They may also expose the organisation to legal risks under the Equality Act 2010.

In some cases, employers may even be found vicariously liable for employees’ online conduct if it occurs “in the course of employment” or in a work-related context.

Some employers, including NatWest Group, have taken measures as extreme as restricting access to messaging platforms like WhatsApp, Facebook Messenger, and Skype on company-issued devices in the UK to prevent employees from using them to communicate internally and to mitigate against these risks.

Disciplinary action and dismissal

If online conduct breaches workplace policies or affects the employment relationship, disciplinary action may be appropriate.

Employers should:

• Ensure a clear social media policy is in place
• Investigate thoroughly and fairly
• Assess the nature, context, and impact of the post
• Consider mitigating factors (e.g. length of service, intent, remorse).

Where the conduct amounts to gross misconduct, summary dismissal may be justified.

Recent case law insight

The following two examples demonstrate how online activity can have serious consequences, including escalation to an Employment Tribunal.

In the case of Crisp v Apple Retail (UK) Ltd [2011], an employee was fairly dismissed for making derogatory Facebook posts about Apple products, even though his profile was private. The Employment Tribunal found that Apple’s brand reputation justified the dismissal.

Similarly, in the case of Plant v API Microelectronics Ltd [2016] anemployee was dismissed for making a Facebook post criticising her employer, despite having 17 years’ service. The dismissal was upheld because the company had a clear social media policy, and the post breached it.

What employers should do

What steps can be taken to prevent matters like this from escalating to an Employment Tribunal?

1. Have a robust social media policy
   • Clearly outline acceptable and unacceptable use
   • Include expectations for both personal and professional use
   • Reference disciplinary consequences.
2. Provide regular training
   • Help employees understand the boundaries of online conduct
   • Emphasise how posts – even personal ones – can impact the employer.
3. Act fairly and consistently
   • Investigate allegations proportionately
   • Apply the same standards across the workforce to avoid discrimination claims.
4. Balance free speech with business protection
   • Consider whether the post genuinely impacts the employment relationship or the business
   • Avoid knee-jerk responses to social media backlash.

How Acuity can help

Acuity Law advises employers on navigating the legal complexities of social media and misconduct. From policy drafting and training to defending claims or guiding investigations, we help organisations act confidently and lawfully.

For advice or support with any of these issues, contact our Employment team.