Bringing the company into disrepute

[Captain Raptor]

I know facebook is a public forum but you have the option of limiting your posts viewable to certain people. Me and a few work mates are always posting about our days at work to each other. We do this outside working hours and our settings only allow us few to see them. One of these mates, ex mate now, sent a copy of my posts to my boss. My boss wasnt happy about what was said and I had a disciplinary for bringing the company into disrepute. If I was publically posting these comments then I could see my bosses point of view regarding bringing the company into disrepute. But as the comments could only be viewed by my work mates, then I don't see how the company has been brought into disrepute. My boss did not agree with my view and I was given a final warning. I intend to appeal but need to know the definition of bringing a company into disrepute. All I can find on google is American definitions which I don't know if they apply to UK. Is there a UK definition?

[teaboy2]

Re: Bringing the company into disrepute

Have a read of this - http://www.inbrief.co.uk/employees/e...y-bad-name.htm

The employer would have to show your actions were serious and that you were representing the company at the time. Merely discussing with colleagues on Facebook where the posts are limited as to who can view/see said post, doesn't amount to bringing the company into dispute as they are not being made publicly! Nor are you representing the employer by making opinionative comments about how your work day went, as such opinion your own opinion and not that of the companies opinion, therefore you were representing yourself, not the company.

The key here is the posts not being viewable outside of your group of friends whom you allowed access to view said posts. Even if the posts were derogatory towards the employer, if they were not publicly viewable outside of said limited group of friends, then the employer has no grounds to make such a claim against you of bringing the employer in to disrepute!

Though in order to be clear i would need to know precisely what the posts were and the content of them were, that your employer has seen!

Also what does your contract and/or company handbook say about bringing the company in to disrepute? Does it state what actions amount to it, or is it more a general term where it doesn't state what would amount to bringing company in to disrepute?

[teaboy2]

Re: Bringing the company into disrepute

Also here is a high court case (Smith v Trafford Housing Trust [2012] EWHC 3221) that found in favour of the employee for comments made on facebook. Take note of the bit at the bottom where it states the recommendations to employers - http://www.helix-law.co.uk/blog/53-employee-s-comments-on-facebook-did-not-bring-employer-into-disrepute

I would appeal against the final warning by quoting the above court case, and pointing out that the court case made clear that just because posting on Facebook were viewable by work colleagues, and your employer were identified, that is not sufficient, in itself, to make the activity work-related. Personal opinion on how your day at work went or felt to you is also not sufficient to amount to bringing the company into disrepute, especially when said posts were not viewable by the public and only viewable by a select few, all of whom were workmates at the time the posts were made!

[Kati]

Re: Bringing the company into disrepute

Take note of the bit at the bottom where it states the recommendations to employers

This bit??

Employers should:

• Take care to limit restrictions on their employee's online activities to those carried out at, or in relation to, their work. Where an employee expresses a personal view on Facebook that can be seen by work colleagues, and where the employer is identified, that is not sufficient, in itself, to make the activity work-related.
• Take particular care how they phrase and enforce policies prohibiting employees from bringing their employer into disrepute, or damaging its reputation.

[teaboy2]

Re: Bringing the company into disrepute

Yep that's it [MENTION=49370]Kati[/MENTION] - Thank you!

[Mr $quandaŁot]

Re: Bringing the company into disrepute

Bringing the company into disrepute is widely used. It could be pretty much anything.

I am aware of a case where someone was already being investigated following a tip off. This person had a tendency to use some of the most offensive words. He ended up getting sacked for posting content involving c words on a blog. The company IP address was tracked down so there was no valid argument to defend this kind of behaviour.

Another case I am aware of involved a service provider in the financial services sector. An employee complained about his PC screen, asking whether it could be replaced because it affected his eyes. Neither the service provider nor the end client was willing to replace the screen.

As a result, the employee sent a representative of the end client a stroppy email, asking if he should apply for a mortgage himself to get a new screen, resulting in the service provider starting a disciplinary for bringing the company into disrepute. He ended up resigning.

I do not understand why many people still slack their employers on social media. It's very simple: just don't. Regardless of your settings, sites such as Facebook should be treated as public. You could fall out with one if your Facebook friends and they could easily send a screenshot to your boss!

However unlikely that scenario sounds, is it really worth a risk?