Facebook, employment and privacy

DCFC79

hellokittygal wrote: »

I don't think theres anything wrong with commentint that you fed up etc as long as you don't name the company, however being off sick and then on facebook that day is bloody cheeky, as a certain colleauge of mine has been doing!!

thats why i dont name who i work for if i say this and that about them

kborom

I have taken legal advice on this very subject but from the employers perspective.
We were told that private Facebook comments could not be used for work-related disciplinary due to their private nature.

The scenario was an employee was bad mouthing the company on facebook and showing pictures on his facebook page of him out drunk during a period of sick leave - someone at work was his "friend" on facebook but wanted him reported for this. Despite the obvious abuse, this information could not be used against him.

Uncertain

kborom wrote: »

I have taken legal advice on this very subject but from the employers perspective.
We were told that private Facebook comments could not be used for work-related disciplinary due to their private nature.

The scenario was an employee was bad mouthing the company on facebook and showing pictures on his facebook page of him out drunk during a period of sick leave - someone at work was his "friend" on facebook but wanted him reported for this. Despite the obvious abuse, this information could not be used against him.

This is an interesting take on the matter.....

Presumably this is just one solicitors view in the context of your firm's employment policies / contracts etc? Did they suggest if / how you could amend your handbook / contracts to deal with this in the future?

AFAIK this has not been tested in the courts yet? Certainly not at ET appeal or above to set a precedent?

PandorasJar

Everything on mine was and still is set to friends only... the only thing that got re-opened to everyone was photo albums, so check these if you're worried!

Regarding the comments, you could probably make the point that it was in his own time and personal etc, but at the end of the day, if they want rid, they'll find a way, whether it's using that reason or not. Personally, if I was his employer, of course I would find a way to sack him. Would you want someone working for you that obviously wasn't happy? If he has commented he's 'bored' and labeled it as '!!!!', then he won't be giving 100% and may be damaging the morale of everybody.

If he's that unhappy, then maybe it's best he move on anyway? I would never put a comment about a job online, there's always a back way in, nothing online is every totally private. That being said, I'd also never work a job where I felt like that. I'd rather at this point leave on my own terms than theirs, use it as an open door and a learning experience

P

jdturk

kborom wrote: »

I have taken legal advice on this very subject but from the employers perspective.
We were told that private Facebook comments could not be used for work-related disciplinary due to their private nature.

The scenario was an employee was bad mouthing the company on facebook and showing pictures on his facebook page of him out drunk during a period of sick leave - someone at work was his "friend" on facebook but wanted him reported for this. Despite the obvious abuse, this information could not be used against him.

Feel for you, hope you got rid of that person who was blatently taking the p1ss, did you mention you knew about their antics?

Glittermonkey

I have work colleagues on my facebook, so I put them all on limited profile and then choose what limited profile people can see. I have blocked them status updates and photos.

This way I dont appear rude for not accepting, and they cant see anything that may be discussd with others at work.

I stay away from work related matters though, unless its a good comment such as "I've had a great day" etc.

I do have a work colleague who has joined, added everyone to her friends and then just looks at the profiles to report back to her manager what epople are up to!

Uncertain

jdturk wrote: »

Feel for you, hope you got rid of that person who was blatently taking the p1ss, did you mention you knew about their antics?

This one raises some very interesting issues indeed!

As I said further up, this is presumably just one solicitor's opinion in the context of this firms policies?

Suppose the chap had offensive posters about the firm up all round his house. You have no right of access to his house but somebody who he invited in "grassed" him. What then?

You have no right to see his private postings (i.e. behind a password) on the net. Indeed, if you hack your way to them you are breaking the law.

So, the only way you can see them, legally, is if somebody who does have access shows them to you.

What then?

Does that give you a right to act?

Or is the person who let you see them breaking the terms he had agreed to in getting the password?

Lawyers could have fun with this.......

jdturk

you're right it would be a minefield however it would be interesting and if I was the boss I would mention it to the person involved (so they knew you knew!) and look for any possible reason to get rid of them

Uncertain

jdturk wrote: »

you're right it would be a minefield however it would be interesting and if I was the boss I would mention it to the person involved (so they knew you knew!) and look for any possible reason to get rid of them

Constructive dismissal ???? !!!!!!

custardy

bramble1 wrote: »

Just another reason why you don't make colleagues your friend on facebook!!

agreed,or have 2 FB accounts
i dont have anyone from work on mine