monitoring colleagues at home.

gazza0210 · Jun 7, 2008

hi everyone,

does your employer have the right to monitor what you do on social networking sites out of working hours if there is no policy to cover off site monitoring within the business.

ive been dismissed for bringing the company into disrepute even though i only had pictures of my colleagues in uniform on my own personal private facebook site that wasnt offensive in any way. they have also been monitoring a group site that colleagues from our head office set up as a commicate with other employees site.

is this allowed with no policy for off site monitoring or no social networking policy in place. ???

regards

gazza0210

debtloopholes · Jun 7, 2008

Hi Gazza,

I can't answer your questions but a chat with ACAS may help you.

http://www.acas.org.uk

Best of luck.

Simon

Cornish Steve · Jun 7, 2008

Were you using your own computer or the company's computer? Did you post pictures of colleagues with or without their permission?

gazza0210 · Jun 7, 2008

thanks for the response people.

i was using my own pc at home and never once used the work computers and also the colleagues were fully aware of the photos and where they went cos they put humerous comments on the pictures and had no issue with the photos.

regards

gazza0210

Cornish Steve · Jun 7, 2008

Then what were the nature of the pictures? Was it obvious from the pictures which company your colleagues work for? Was the company lampooned or shown in a favourable light? Was the company name or logo visible in the pictures?

The Resolver · Jun 8, 2008

The simple answer is 'yes' the company do have the right to monitor what you post on publicly available websites. But equally simply you have a freedom to post fair comment (albeit not breach their rights by displaying their logo without permission) . If you bring the name and business of your employer into disrepute that that would give reason to raise this as a disciplinary issue. But you have the right to appeal internally and, subject to the comments posted, not be sacked instantly.

There may be a solution which involves your reinstatement and you and others helping the company set up a proper policy that all employees know about and which operates in a fair way and with a system to resolve issues that upset the company. Employers should see social networking in a positive light as being of benefit to the company rather than as a threat. I can approach them for you if you wish to resolve this.

Stonelaughter · Jun 8, 2008

If the photos conveyed no ill feeling toward the company, nor showed employees of the company in a "compromising" pose or situation then I can see no call for the "bringing into disrepute" dismissal reason. Your photos would have had to show disreputability on the part of the company, surely, in order to bring them into disrepute???

Mister B · Jun 8, 2008

I think that as other posters have said, if the images are deemed to be offensive or could potentially bring the business into disrepute, then they would have a case. Without seeing the actual images though, it's very hard to make a definitive call. As Simon says, have a chat with ACAS.

As an aside...I always love to see "The Dispute Resolver" post. If you read it quickly, it looks more like "The Dispute Revolver"

A little ironic really!

Mister B

yorkshirejames · Jun 9, 2008

Almost certainly unfair dismissal. If you have over a years' service, any good employment solicitor should be able to get some money out of them for you.

If you like/liked working there, employing the services of an experienced negotiator like Mr. Revolver may well be a better bet though.

WhatManufacturersWant · Jun 9, 2008

Might it not be the fact the collegues posted 'humourous' comments.

A sweet innocent picture of a collegue with an unsuitable comment may give customers the impression that the company endorses them and the people working there are a bunch of comedians.

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