// Kidwells Solicitors
Dismissal was unfair. No evidence that video damaged Company or that employer could have reasonably believed reputation would have been affected.
Email - Royal Bank of Scotland An employee was not shown a disciplinary scoring matrix which graded offensive material into categories, Grade 5 relating to material illegal to possess. Employee received and forwarded pornographic images via his work email.
Dismissal was unfair. Failure to disclose the matrix meant the employee did not have the opportunity to address the application of the criteria to their case. Decision to dismiss therefore fell outside of the range of reasonable responses.
There is no a one size cap fits all regarding social media dismissals. It is clear from current case law passing through the Tribunals that the following are pertinent factors for consideration:
¥ Nature of employers job ¥ Employee’s seniority ¥ Seriousness of misconduct ¥ Nature of organisation ¥ Terms of Policy ¥ Disclosure of Confidential Info ¥ Risk of reputational damage ¥ Mitigating factors
Top Tip: Have policies and procedures in place that clearly set out what employees can and can’t do when it comes to Social Media and internet usage. Train managers on enforcing such procedures and be confident in your approach to any disciplinary action. If in doubt seek advice, utilise free consultations offered by solicitors and be confident in your approach.
For further information please contact Rebecca Hardy on
rh@kidwellssolicitors.co.uk
KIDWELLS SOLICITORS Kidwells House, 4 Coldnose Road, Rotherwas, Hereford. HR2 6JL
T. 01432 278 179
WWW.KIDWELLSSOLICITORS.CO.UK
73
Page 1 |
Page 2 |
Page 3 |
Page 4 |
Page 5 |
Page 6 |
Page 7 |
Page 8 |
Page 9 |
Page 10 |
Page 11 |
Page 12 |
Page 13 |
Page 14 |
Page 15 |
Page 16 |
Page 17 |
Page 18 |
Page 19 |
Page 20 |
Page 21 |
Page 22 |
Page 23 |
Page 24 |
Page 25 |
Page 26 |
Page 27 |
Page 28 |
Page 29 |
Page 30 |
Page 31 |
Page 32 |
Page 33 |
Page 34 |
Page 35 |
Page 36 |
Page 37 |
Page 38 |
Page 39 |
Page 40 |
Page 41 |
Page 42 |
Page 43 |
Page 44 |
Page 45 |
Page 46 |
Page 47 |
Page 48 |
Page 49 |
Page 50 |
Page 51 |
Page 52 |
Page 53 |
Page 54 |
Page 55 |
Page 56 |
Page 57 |
Page 58 |
Page 59 |
Page 60 |
Page 61 |
Page 62 |
Page 63 |
Page 64 |
Page 65 |
Page 66 |
Page 67 |
Page 68 |
Page 69 |
Page 70 |
Page 71 |
Page 72 |
Page 73 |
Page 74 |
Page 75 |
Page 76 |
Page 77 |
Page 78 |
Page 79 |
Page 80 |
Page 81 |
Page 82 |
Page 83 |
Page 84 |
Page 85 |
Page 86 |
Page 87 |
Page 88 |
Page 89 |
Page 90 |
Page 91 |
Page 92 |
Page 93 |
Page 94 |
Page 95 |
Page 96 |
Page 97 |
Page 98 |
Page 99 |
Page 100