Facebook, employment and privacy

ericonabike · 9 February 2010 at 3:56PM

A friend of mine, call him 'A' [no, not me!] has recently been given a written warning [one step short of dismissal] for use of Facebook. It's different from the usual though.

A colleague of his was being dismissed for making libellous etc comments about his company [and naming it and its employees] on Facebook. When questioned, he said in his defence that he was not the only one. He cited A as an example.

A's Facebook account was only open to Facebook friends, but sadly they included this colleague. He then printed off all comments made by A that had any work references and gave them to the company. In none was the name of the company mentioned - just stuff like 'I'm bored with this c**p' etc.

Given that (a) the account was only open to friends and (b) no-one who didn't know A would know which company he was referring to, should he appeal the warning?

What has happened seems over the top to me, but I'd be grateful for any legal or HR opinions.

DKLS · 9 February 2010 at 4:01PM

I would suggest that 'A' keeps his head down, and leaves anything work related away from facebook, in fact delete the facebook account.

davetrousers · 9 February 2010 at 4:02PM

What he said

Pee · 9 February 2010 at 4:05PM

Keep his head down, delete any work colleagues and do not make friends with work colleagues on facebook or put anything in there he would not like anyone to see...

bramble1 · 9 February 2010 at 4:12PM

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

teabelly · 9 February 2010 at 4:26PM

If the facebook info was only visible to friends then frankly I don't think it has anything to do with the employer. Under the HRA you are entitled to privacy and respect for family life etc so I think this company could be taking it a step too far. He should drop that collegue like a hot brick and take legal advice. Work collegues and facebook don't mix unless you have an account for 'work' type people and a separate one for your own social life though. That's why I'd never add any work person to facebook.

I think the company is making a gross incursion into his personal life. If I moan about my employer to all my friends in email it is none of my employer's business. Facebook if set to 'friends only' I'd consider it the same.

Moaning about them on a public forum that everyone could see is another matter.

Personally I'd be opening a twitter account and blogging about the company until they decided the bad publicity was far worse now than if they'd kept their noses out of my private business if they want to play hardball. Then they will have something to complain about

maninthestreet · 9 February 2010 at 4:55PM

The employee has publicly criticised the duties he/she has been asked to perform by his/her employer - just because the employer was not named makes no difference. Golden Rule here is never, ever make anything available on the internet that you would not want your employer to see/know about.

Uncertain · 9 February 2010 at 4:59PM

teabelly wrote: »

If the facebook info was only visible to friends then frankly I don't think it has anything to do with the employer. Under the HRA you are entitled to privacy and respect for family life etc so I think this company could be taking it a step too far. He should drop that collegue like a hot brick and take legal advice. Work collegues and facebook don't mix unless you have an account for 'work' type people and a separate one for your own social life though. That's why I'd never add any work person to facebook.

I think the company is making a gross incursion into his personal life. If I moan about my employer to all my friends in email it is none of my employer's business. Facebook if set to 'friends only' I'd consider it the same.

Moaning about them on a public forum that everyone could see is another matter.

Personally I'd be opening a twitter account and blogging about the company until they decided the bad publicity was far worse now than if they'd kept their noses out of my private business if they want to play hardball. Then they will have something to complain about

Rightly or wrongly a company can have quite a lot to say about what you can and cannot do in your free time.

Personally I would tend to take the view that if they only pay for 8 hours then they have no say over the other 16 but it doesn't work like that.

Within certain limits they can put clauses in a contract that restrict pretty much anything they like. The argument being that these are the terms on which we are offering the job, take it or leave it! Obviously if they go overboard they may not get the type of applicant they want so may have to rethink.

It is slightly more difficult to impose new restrictions on existing staff as this can amount to a new contract which the employee may have some rights to reject.

Most have "catch all" phrases about not bringing the business into disrepute and always acting in the company's best interest etc.

jaffacakes82 · 9 February 2010 at 4:59PM

OP have you thought it may not be so much about the content that A wrote on facebook, but the times he wrote it? Using the internet during working hours?

The collegue of his who grassed him up sounds like a right fing kn0bhead. But you should never add collegues you don't know well to things like facebook unless you:

A) Never use facebook at work

Never moan about work on facebook
C) Never take a sick day and be on facebook that same day

ericonabike · 9 February 2010 at 5:00PM

Thanks for posts - agree the general principle about 'not making anything public you wouldn't want the Sun or your Mum to see' but here the comments were set to 'private' not 'public'.
Interesting thought re HRA and right to privacy. If his colleague had found A's diary, in which A had written 'I hate working here' and passed it on to A's employer, would they still have disciplined him? Not sure it's quite as clearcut as 'never write anything about anyone that you wouldn't want them to see.

Fire_Fox · 9 February 2010 at 7:17PM

But your Facebook friends are (a small segment of) the general public, and many of them will know who you are employed by and thus who you are talking about.

Facebook, employment and privacy

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