Employer threatened sanction for publishing opinion piece about our industry 29 July 2022 at 10:14AM in Employment, jobseeking & training 14 replies 1.1K views

thumpatron

I work for a Local Authority.  I wrote an opinion piece about my industry / profession around 12 months ago.  As my director had previously chastised me for contributing to a White Paper without her prior knowledge, I sent it to her to inform that I would be publishing it on medium.  I received an email back stating that if I published it I would be subject to a formal disciplinary, on the basis that people would associate my name with my employer and that would constitute reputational damage.  I was told that anything I wished to write about our industry / profession should be sent to the Local Authority communications team for checking prior to any attempt to publish.  I rejected this and published it anonymously, which she accepted.  It was very well received and I'm extremely frustrated that I haven't been able to develop my own professional reputation by putting my name to it, and by publishing further pieces.  I have a lot of experience, and I write quite well, and there are opportunities for me to build a good reputation as a thinker in my profession.

I would like some advice on the position taken by my employer:
1. Is this legally accurate?  If I was subject to a formal disciplinary process, would this be upheld?
2. What steps can I take to ensure I am in the clear - e.g. a disclaimer at the top of any writing declaring that it is my own personal view and not that of my employer - would this help?
3. I have found this inability to write very distressing - I would like to know if my director has overstepped by threatening me with formal disciplinary, and if so would I be successful in pursuing a claim of harrassment (or similar) against her.  I should not like to do this particularly, but I genuinely feel it would be fair - I've spent a year unable to build my professional reputation and the opportunities that this would bring and this has been a genuine source of stress and frustration for me.  It feel like bullying!

Thank you for your advice!

Undervalued

thumpatron said:

I work for a Local Authority.  I wrote an opinion piece about my industry / profession around 12 months ago.  As my director had previously chastised me for contributing to a White Paper without her prior knowledge, I sent it to her to inform that I would be publishing it on medium.  I received an email back stating that if I published it I would be subject to a formal disciplinary, on the basis that people would associate my name with my employer and that would constitute reputational damage.  I was told that anything I wished to write about our industry / profession should be sent to the Local Authority communications team for checking prior to any attempt to publish.  I rejected this and published it anonymously, which she accepted.  It was very well received and I'm extremely frustrated that I haven't been able to develop my own professional reputation by putting my name to it, and by publishing further pieces.  I have a lot of experience, and I write quite well, and there are opportunities for me to build a good reputation as a thinker in my profession.

I would like some advice on the position taken by my employer:
1. Is this legally accurate?  If I was subject to a formal disciplinary process, would this be upheld?
2. What steps can I take to ensure I am in the clear - e.g. a disclaimer at the top of any writing declaring that it is my own personal view and not that of my employer - would this help?
3. I have found this inability to write very distressing - I would like to know if my director has overstepped by threatening me with formal disciplinary, and if so would I be successful in pursuing a claim of harrassment (or similar) against her.  I should not like to do this particularly, but I genuinely feel it would be fair - I've spent a year unable to build my professional reputation and the opportunities that this would bring and this has been a genuine source of stress and frustration for me.  It feel like bullying!

Thank you for your advice!

1 - Quite probably

2 - Only if your employer agrees

3 - Unlikely

What does your contract / employee handbook / employer's published policies say on this subject? Terms and conditions requiring you not to do or say anything that may bring your employer into disrepute are very common. Even without specific terms there is an implied duty not to do so.

Can you prove that the employer gave you permission to publish something anonymously in the past? Even if they did and you can prove it it doesn't mean they have to do so again.

However you say

" I was told that anything I wished to write about our industry / profession should be sent to the Local Authority communications team for checking prior to any attempt to publish.  I rejected this and published it anonymously, which she accepted."

What do you mean by "she accepted". Did she say "that's fine" or did she mearly not voice an objection?

That alone would be grounds for disciplinary action in many fields.

TELLIT01

If the content shows your employer in a negative light it can be classed as gross misconduct.  People have been disciplined and/or sacked for posts they have made on social media to a limited audience.  Doing so in a publication to the 'industry' could be seen as far more serious.

400ixl

Your manager has already given you the route forwards. You engage with the communications team and get your writing reviewed and approved for publication. It may even be endorsed by them giving even more gravitas.

Many organisations have social media policies, you should read what your organisations says and follow it. If it does allow you to do more than your manager believes then show them the evidence and come to an agreement.

Trying to circumvent the organisation is only going to make it more difficult and likely you will cross a line they don't like. Work with the system not against it.

Brie

Maybe ask to be moved to the communications team?

In my experience there can be a question of "does the face fit" in these things. 

I raised a question to through my line manager about the suitability of one of the company's directors who was mentioned in the press as having been at a very objectionable society event (think fund raising dinner attended by male directors where lap dances were available).   Apparently this didn't bring the company in to any disrepute even though they'd paid for his contribution.   

But every time there's an internal incident (whistle blowing gone wrong, new policy that might incite a protest) we are all told that we must not under any circumstances discuss this with anyone outside of work including close family members.  When it hits the press there is a witch hunt to hang and quarter the culprits.  Because we're not in the clique at the top.

thumpatron

Thank you for your guidance all.  Just to clarify for Undervalued, the idea for publishing anonymously came from my director via email so I have a record of this.  I can see now the legal position.  I'm quite troubled by the moral position of being legally unable to have a separate professional identity from my employer.  I don't feel I'm trying to circumvent anything, I just feel that I am separate and different from my employer and that is fine!

As a by-note, one of the things my director raised was that I wasn't allowed to make any political comment (I hadn't) as a council employee.  Two days later her line manager tweeted an overtly pro-(major political party) tweet!

Anyway, I'll set up a meeting with my employer's communications team - thanks all!

Wyndham

thumpatron said:

I work for a Local Authority.  

I've spent a year unable to build my professional reputation and the opportunities that this would bring and this has been a genuine source of stress and frustration for me.

Quoted lines without all the bits in the middle, as I think it's important that these two ideas are considered in tandem.

Your profession is your work for the Local Authority. I assume this is your 'main' job which pays the bills etc? The writing is not your profession, but a secondary role. You don't say if you got paid for the piece? If not, then it's certainly not a profession.

If you and who you work for are known in your profession, and you are writing about that profession, then yes, I can see the conflict. Even if you don't say which Local Authority in the piece itself, given the subject matter it can only really be seen as a view about your actual role.

If you want to expand as a writer, are there other things you could write about? That would be less of a conflict of interest?

powerspowers

Hmm it is difficult to be critical of one’s area of work and working round “cause reputational damage” clauses, especially if you are in a position where you are seen to be commenting in a professional capacity. Or are using information that you have gained through your role. 

I work for a local authority, I comment on all sorts of things but in my own capacity, for example on research and things in the news. What I don’t say is “this really affects us at xxxshire because of xyz” as that’s too close to my professional role or comment/ publicly criticise internal matters. A white paper response would be signed off at a senior level as it represents the views of the council, not me as an individual. 

It will depend on the politics as well- I work for a conservative led council so any official word on government policy is made in a careful manner- so more chance of work being unhappy with a comment along the lines of “evil tories…”. 

Hope that helps although if you’re looking to use your professional standing to back up your comments but want them separate to your professional persona, I’d say you are going to struggle. 

theoretica

You have published anonymously and it has been well received - perhaps a discussion now with the communications team about whether you can change it from anonymous to your name?  It is clearly too late to change the text, so they would need to give a yes/no answer.

Undervalued

powerspowers said:

Hmm it is difficult to be critical of one’s area of work and working round “cause reputational damage” clauses, especially if you are in a position where you are seen to be commenting in a professional capacity. Or are using information that you have gained through your role. 

I work for a local authority, I comment on all sorts of things but in my own capacity, for example on research and things in the news. What I don’t say is “this really affects us at xxxshire because of xyz” as that’s too close to my professional role or comment/ publicly criticise internal matters. A white paper response would be signed off at a senior level as it represents the views of the council, not me as an individual. 

It will depend on the politics as well- I work for a conservative led council so any official word on government policy is made in a careful manner- so more chance of work being unhappy with a comment along the lines of “evil tories…”. 

Hope that helps although if you’re looking to use your professional standing to back up your comments but want them separate to your professional persona, I’d say you are going to struggle. 

The problem is that anybody can latch on to your comment and say "Mr PowersPowers, who works for the local authority in the XXXX department, says............". As long as they quote you correctly there is nothing you can do to prevent it. Saying later "that was a private opinion, not a work one" is largely irrelevant.

This is similar to disciplining or dismissing an employee for conduct unrelated to their work. If it becomes public knowledge that an employee behaved in a discreditable way, even in their own time, it may reflect badly on a employer. "if that is the sort of individual they employ I'll take my business elsewhere......." etc.  

tightauldgit

I think it basically comes down to your employment contract and company policy. If they don't allow you to publish things then they don't allow you to publish things and that's the end of it. If you want to be able to write about your industry then you need to find an employer that will allow you to do that.