The claimant was employed as a Secure Area Operator with the respondent company which operated a cash management and secure transit cash service. The respondent had a strict ‘Safeguards’ policy which outlined the importance of employees not sharing any work-related matters online. The claimant accepted that he had taken a number of ‘selfie’ photographs and sent them on the ‘Snapchat’ social media platform.

The claimant was clearly visible in each photograph and the company logo was visible in at least one photograph. Names, job titles and nationalities of other employees were also shared.

The claimant was suspended and later dismissed. He argued other employees who had committed similar acts were treated more leniently. The tribunal rejected this argument, finding that the other cases were materially different and had not put at significant risk the safety of any other employees.

Practical Lessons

The respondent’s ‘Safeguarding’ policy was particularly important in this case considering the nature of the industry. The respondent outlined how ‘tiger kidnapping’- where criminals specifically target staff members of cash centres and financial institutions by holding their family hostage- was a serious concern and required specific training.

This decision demonstrates the growing appreciation of the dangers of social media for the employer-employee relationship. However, it also shows the ability of an employer to rely on such a policy in justifying the dismissal of an employee. Dismissal of the claimant was “a decision the employer was entitled to take”, especially considering that the safety of staff was put at risk.
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