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Can I dismiss an employee for making inappropriate comments on social media?

If you do not have a clear social media policy in place, you need to remember that an employee cannot be dismissed or even disciplined regarding their social media activities. If you end up at a tribunal, they would find the employees dismissal to be unfair.

The reason for this is an employee can only be dismissed or disciplined for misconduct if they knew that the particular action or behaviour would be unacceptable to the practice. If they didn’t, they cannot be accused of any wrongdoing.

You should be clear throughout a social media policy about the distinction between business and private use of social media. Remember your employees are representing you at all times even outside of normal working hours, and what is written on a social networking site can reflect on you.


We can assist you in the drafting and implementation of bespoke social media policies, tailored to suit your company. We can also provide advice and support when dealing with misconduct issues arising employees’ use of social media, whether within the workplace or outside working hours.  

Samira Cakali

Samira Cakali is a pragmatic and approachable solicitor advocate with extensive contentious and non-contentious experience in the fields of employment law as well as civil litigation, within a range of commercial businesses from SME’s to multinationals as well as senior executives.

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