The claimant was employed as a part-time barman by the respondent. He was told by management that he was sacked because of alleged misconduct related to taking photographs of Bar patrons and posting them on Facebook. The employer did not participate in proceedings and it was held that there was a substantial failure to comply with the requirements of the statutory dismissal procedure.

Whilst the dismissal was held to have been automatically unfair, the tribunal looked at the issue of whether the claimant’s conduct relating to the photographs amounted to a ‘repudiatory breach of contract’. In the circumstances the tribunal held that the relevant conduct was ‘not very seriously reprehensible’ and relied on the fact that the practice of taking photos was longstanding and that the claimant removed it immediately once he realised it would cause offence.

In summation, the tribunal was of the view that the episode had not undermined the ‘trust and confidence’ between employer and employee sufficiently to warrant dismissal.

PRACTICAL LESSONS

The importance of a ‘Social Media Policy’ for employers has never been greater, especially with content being posted that pertains to the workplace. Such a document was not cited in this case, but it highlights how clear communication between employer and employee as to what is acceptable behaviour can help avoid disputes. Essentially, such a policy can protect employers against liability for the actions of workers.