Is this classed as Gross Misconduct ??

redlooney

My neice has been employed for 4 years with a well known national IT company.Recently, she foolishly posted a comment on Facebook to the effect of "Its !!!! that **** is making people redundant just before Christmas..."
I'm led to believe that is the worst she posted but someone alerted her bosses and she was dragged into the office, all her work gear was taken from her and she was sent home, having been told to return on Monday for a decision on how she was to be disciplined.
She was in a meeting for less that 30 mins and summarily dismissed on the spot, with 5 days to appeal to the department boss
I'm not an employment expert but wonder, is this sufficient to describe it as Gross Misconduct and does she have any redress in law for unfair dismissal ??
Can I ask that only those who "know" the answer reply or if anyone knows where else we can look on the Internet (not wanting to approach a solicitor yet)
Thanks for any help

rorrism

I can't advise on whether this is OK or not, but I do know Apple have recently fired a member of staff for slating the company and his iphone on facebook http://www.forbes.com/sites/mobiledia/2011/12/05/apple-fires-employee-over-facebook-rants/

Mark

mumps

Has she checked her terms and conditions of employment? More employers are including conditions about talking about employment on social networking sites, if her employer does this is obviously serious as she not only mentioned her employer but was rude about a business decision. The procedure followed seems reasonable, but again she needs to check the policy of her employer. My only query would be was she advised she could take someone to the disciplinary meeting, usually a colleague or union official? If so I don't think she has much of a case for unfair dismissal but even if she does she must appeal first.

scheming_gypsy

They could say that she was making derogatory comments regarding the company on a social networking site and it could possibly be against their policies.
The outcome of the meeting would all depend on how much they value her; if they like her and she does a good job it could be a slap on the wrist and a warning.

ShaneUK

Was she talking about her own workplace? Ie, is ***** where she works, or a totally seperate company?

KiKi

Yes, it is potentially Gross Misconduct, I'm afraid. The best thing she can do is be contrite, apologise, apologise and apologise and show all the reasons she's good enough to keep on.

Oh - and never, EVER talk about work or work colleagues on FB.
KiKi

Jarndyce

Procedurally it seems OK subject to what others have already said.The question is whether or not dismissal is "within the range of reasonable responses" to the conduct in question.

I would suggest that it is - there is an implied term in everyone's contract that you do not bring the employer into disrepute or do anything to undermine their trust and confidence in you. Her actions clearly breaches that term and is further evidence as if any was needed of the need to keep work issues well away from any social networking activity.

She needs to put all her efforts into her appeal - play on her previously unblemished record (assuiming she has one) and be as contrite as she can.

Hammyman

redlooney wrote: »

My neice has been employed for 4 years with a well known national IT company.Recently, she foolishly posted a comment on Facebook to the effect of "Its !!!! that **** is making people redundant just before Christmas..."
I'm led to believe that is the worst she posted

I bet it wasn't. And I bet it wasn't the only comment she posted either.

Uncertain

KiKi wrote: »

Yes, it is potentially Gross Misconduct, I'm afraid.

I would agree having emphasised one word.

Assuming her appeal is not upheld there may be enough of a grey area for it to be worth considering a claim here.

As always the exact rights and wrongs are not the only aspect. A determined individual with half a case can cause a company a lot of aggravation and expense which they won't get back win or lose.

Some companies will tend to fight almost regardless of cost. Others will look to settle to minimise expense and hassle. One advantage of a settlement even over and above a tribunal win is that it can include an agreed reference. This costs the company nothing and can be far more valuable to the ex employee than a few £K cash.

planning303

Plus with the old bookface.. even if you post something set to friends only and you have no work colleuges as friends, if one of your friends comments or likes what you have written it would appear on the ticker / on your friends wall and subsiquently could be read by any of their friends.

Very quickly the private comment you made only to your friends on facebook has effectively been spray painted on a very public wall

ILW

What is it with Facebook that people seem to turn their brain off as soon as the log on?

I truly do not understand.