Can I be sacked for social media posts?
The answer is yes, if what you post brings the company into disrepute.
You might wonder how this can happen.
As you may know, we have offices in Belfast, Northern Ireland (as well as in Leeds, London and Newcastle, England). These two stories are linked and recently got a lot of press over here.
The background
Michaela McAreavey from Co Tyrone was murdered in 2011, while on holiday in Mauritius. She was the daughter of former Tyrone GAA manager, Mickey Harte. (Tyrone GAA is one of 32 county boards that make up the Gaelic Athletic Association (GAA) in Ireland, and is responsible for the administration of Gaelic games in County Tyrone, Northern Ireland.)
Case study 1
Jump to May 2022, at Dundonald Orange Hall in the grounds of Stormont, after a march organised by the Orange Order. (The Loyal Orange Institution, commonly known as the Orange Order, is an international Protestant fraternal order based in Northern Ireland that’s primarily associated with Ulster Protestants.)
One of the attendees was Andrew McDade from Portadown, who’d been an HGV driver for the Norman Emerson Group for eight years.
From his Facebook account, Andrew live-streamed a 4-minute video of the occasion. It included a 31-second clip where a large group of men sang a sectarian and misogynistic song that mocked Mrs McAreavey and was applauded by the other people who were present.
The clip went viral, and it provoked strong condemnation in Ireland and across the world.
As a result, his employer first disciplined Andrew, then dismissed him in June.
In August, he made a claim for unfair dismissal.
His claim was dismissed because:
- His evidence was inconsistent (in one statement he said his actions were “fuelled by alcohol”, in another he said he’d only had two cans of beer)
- He claimed he’d been recording the bannerettes, but there was no evidence that was true
- He promised to write a letter of apology to the families, but hadn’t done so one year later
- He also said he’d make a payment to a charity of the families’ choice, but didn’t do that either
Case study 2
Rhonda Shiels was Andrew McDade’s partner. She worked as a healthcare assistant for five years at Southern Health and Social Care Trust.
She liked and shared his video on her own Facebook account.
This meant she was charged with gross misconduct and dismissed by her employer in July, and made a failed appeal against her dismissal in August.
- Even though Rhonda claimed she hadn’t watched the entire video, her liking and sharing it was a clear breach of the company’s social media policy
- It would affect her working relationships with other employees and members of the public she came into contact with at work
- Her actions brought the company into disrepute
She has apologised to the families, but says she was reckless but not intentional because she liked and shared the video without watching it all the way through.
What this means to you
Check your staff handbook to find out your employer’s social media policy.
It’s likely to say that you’re not allowed to post anything – even on your personal social media platforms in your own time – that might bring the company into disrepute, damage their reputation, or offend colleagues, customers or suppliers.
The policy will also state whether you’re allowed to access the internet for personal use, or if you can post on your social feeds during working hours.
Obviously, to keep your job safe, you have to comply with your employer’s policies and procedures!
If the offence is not too serious, you might get a verbal or written warning. If it’s serious (like the examples above), it counts as ‘gross misconduct’ and will result in instant dismissal.
As the examples show, it’s not just original content that can get you into trouble. Liking and sharing dodgy content can impact your job too.
If you’ve found yourself in a situation where you’re being disciplined or dismissed because of your social media use, get in touch. As employment lawyers, we act for employees who are in a dispute with their employer. We’ll let you know if you have a case, and your chances of winning. The first enquiry is free and with no obligation.
Related reading
For more information on this subject, you might like to read our related posts:
- Social media and the Queen
- I’ve broken my company’s social media policy
- Social media. A question answered
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