Facebook page criticising employer did not justify dismissal
In Stephens v Halfords plc a tribunal found that that no reasonable employer would have dismissed an employee who, while off sick with stress, posted a Facebook page criticizing the company, but who had removed the offending page as soon as he realised it was a ground for disciplinary action and had apologised.
Halfords proposed a reorganisation and consulted teams and individuals on the changes contemplated. While off sick with stress, Mr Stephens attended a consultation meeting, but he felt that the employee website did not provide an unrestricted and open forum for debate among staff. He therefore put up a Facebook page entitled “Halfords workers against working 3 out of 4 weekends”. Two days later he noticed the company’s policy on social networking sites, i.e. that employees who made public statements about the company that were not in its best interests, or who actively encouraged dissent, would face disciplinary action. Mr Stephens immediately took down the Facebook page, but the company found out about it and began disciplinary proceedings. Mr Stephens apologised, adding that stress might have been clouded his judgment. He was summarily dismissed for posting confidential information on a social network site.
The tribunal found that no reasonable employer could have concluded that summary dismissal was the appropriate sanction. In doing so, the tribunal noted that Mr Stephens had a clean record, had apologised for his actions and had removed the offending page as soon as he realised it was a ground for disciplinary action. There was nothing to indicate to the company that his misconduct rendered the continuing employment relationship untenable. The tribunal upheld Mr Stephens’ unfair dismissal claim, and awarded him £11,350 in compensation.
February 2011
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