An employee has recently approached a member of the HR Team with a screen shot from Facebook showing another employee’s profile page. The profile page indicates that the employee works for the Company and also shows him to be “following” the Company on twitter. The employee’s profile picture shows him taking part in fighting and violent protests. The employee is clearly distinguishable from the picture and the HR team is concerned about the impact that the picture may have on the Company’s reputation. The HR team is seeking guidance on the factors that must be considered when considering disciplinary action in relation to conduct outside of working hours and which becomes apparent through social media.

The starting point is that