The Perils of Social Networks
In the recent case of JD Wetherspoons PLC v Miss K C Preece, Miss Preece, a shift manager, was subjected to a barrage of verbal abuse and physical threats by two customers of the Wetherspoons in which she worked. After the customers were ejected from the pub, Miss Preece received a number of abusive calls which she suspected were from the customers and/or their family members. Miss Preece then decided to vent her anger on facebook, accessed via her mobile phone, mentioning the names of the customers and leaving insulting comments about them. Miss Preece’s message could be viewed by 600 people, 550 more than she thought, one of which was related to one of the customers she had ejected from the pub.
A complaint was made about Miss Preece's comments which eventually led to her dismissal for gross misconduct. The Tribunal found that Wetherspoons had acted fairly and within the band of reasonable responses in deciding to dismiss her. The Tribunal made its decision based on a number of factors including the fact that Miss Preece was at work at the time of the messages being posted and that the employer had a very clear and detailed social media policy which the employee had agreed to.
This case highlights the importance of having well drafted communications policy which covers the use of social media. If you have not yet updated your policy to deal with social media, or you have done so but require a review, please contact Sarah Stratton on 01926 884684.
Cutting Red Tape: changes to come?
The Government has announced it will consider reforming the following areas of employment law in a further attempt to help rid the red tape:
- Compensation for discrimination
Employers have expressed concern over the high levels of compensation sometimes awarded by Tribunals in cases where discrimination is claimed. There is also a lack of certainty in respect of the level of compensation employers may be required to pay. Compensation levels for cases of discrimination are currently unlimited and employers worry that high awards may encourage more weak, speculative or vexatious cases to proceed through the system with employees hoping for a large payout.
- Collective redundancy rules
Currently, collective redundancies can run for a minimum period of 90 days, but employers are concerned that this is hindering their ability to restructure efficiently and retain a flexible workforce. It is a great concern to many businesses financially as the longer the process continues, the longer they have to keep paying their staff.
- TUPE
Although the TUPE rules offer important protections to employees, some businesses believe that they are `gold plated’ and overly bureaucratic.
The announcement of consultation on the above issues, which will commence later this year, appears to have been welcomed by many businesses although the Trade Unions are likely to put up a staunch resistance.
For more information or advice, please contact Suki Harrar.
