Employer threatened sanction for publishing opinion piece about our industry

[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!

[ULA]

In answer to your questions:
1. You had been given what could potentially be considered a reasonable instruction, backed up with reasonings as to why, by a manager (in this case your director). Given that you went against this and you were warned of the consequence, then yes, at the very least they would be entitled to ask you to attend a disciplinary meeting.
2. From the information you provided you were not necessarily being stopped from writing such pieces, however they needed to be reviewed by the communications team for obvious reasons. They cannot have an employee potentially bringing the organisation into a situation of reputational damage due to what you consider to be the publication of an opinion piece.
3. I would suggest that if you want to be considered a "thought leader" or someone who has an objective professional opinion in your industry that you work with your employer to produce relevant written articles. You may find they are supportive of such as approach as it could potentially benefit them by association as well as you professionally.

[thumpatron]

Thank you ULA for your response. Just to clarify, I did not go against my director's instructions - she suggested that I could publish it anonymously. My question really is around the threshold and arbiter of 'reputational damage' when I set out very clearly that they are my opinion and not that of my employer. It seems that I am legally in the wrong here - thank you for your guidance!

[atticus]

If your director authorised anonymous publication you need to make that clear in the disciplinary process. Do you have that in writing (including e-mail, SMS, WhatsApp etc?)

Reputational damage can be caused to a company oven if you add a large sprinkling of disclaimers. What do you think of this:


Your company uses Method X

You say "Method X is expensive, inefficient, and dangerous to kittens"

"These views are those of the author and do not represent the views of [Company]"

Are you sure that what you have said is not detrimental to the company's reputation?

[atticus]

*even

[ULA]

atticus not sure the OP is subject to disciplinary proceedings currently, as this happened around 12 months ago. Hopefully they have not decided to take action this time 12 months later if I am reading the post correctly.

[dslippy]

Such policies are commonplace. For this time stick to what they might have got wrong for the disciplinary.
A sensible employer would restrict anonymous articles also since they can often be found out later.