Wednesday 18 May 2011

Social media and the workplace: don't get caught in the web!

Two recent employment tribunal decisions highlight the importance and usefulness of a business having a properly drafted policy on the use of social media by their employees.
In Preece v JD Wetherspoons plc ET2104806/10, the tribunal found that a pub manager was fairly dismissed for gross misconduct after she made inappropriate comments on Facebook about two of her customers, who had verbally abused and threatened her. The manager was found to be in breach of the employer's e-mail and internet policy, which specifically referred to employees' use of social media (including Facebook) while at work.  
In Gosden v Lifeline Project Ltd ET/2802731/2009, the tribunal held that an employee was dismissed fairly for sending an offensive e-mail from his home computer to his colleague's home computer. No privacy attached to the e-mail as it was a chain e-mail asking recipients to pass it on. The employer was entitled to treat his actions as gross misconduct justifying the dismissal.
With the ever increasing use and awareness of social media it is important for businesses to adopt a social media policy clearly setting out the standards expected of employees when using such sites, whether for personal or business reasons. Our employment team have now prepared a style social media policy which will assist employers in monitoring and responding to the use employees make of social media which will help to ensure that there are no implications for, or risks created to, an organisation’s business interests.
If you would like any further information on this matter, or are interested in obtaining our social media policy, please contact Stephen Connolly on 0141 227 6090.

Friday 6 May 2011

Employment law seminar- an invitation!

As highlighted in a previous blog, on 6th April 2011 the government introduced legislation which saw the abolition of the default retirement age and the related stautory retirement procedure. This means that employers can no longer automatically or lawfully retire employees simply on the basis that they have reached 65 years of age.

On Friday 20th May, we will be hosting a seminar to discuss the full implications of these changes for employers when dealing with the retirement of employees and succession planning in the workplace. The seminar will focus on:
  • The specific changes which have been made to the law;
  • Practical steps that employers can take to address the problem of terminating the employment relationship on the basis of retirement; and
  • What the employment tribunals and courts will require an employer to show where it seeks to objectively justify a retirement dismissal.
The details for this free seminar are:
Date:                            20th May 2011
Venue:                          Miller Samuel Offices (RWF House, 5 Renfield Street, Glasgow)
Registration & Buffet: 12.30  p.m. until 1 p.m.
Talk:                              1 p.m.
Tea & Coffee:              1.45  p.m. until 2.15 p.m.

If you are interested in coming along, please email linda@millersamuel.co.uk to reserve your place!