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- Date:
- 18 August 2020
- Type:
- Commentary and insights
Social media has grown in use exponentially since Facebook was launched 16 years ago, and so has the risk to users. Daniel Piddington examines how employers can keep an eye on their staff's social media posts without falling foul of the law.
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- Type:
- Employment law cases
In Hall v Weightmans LLP, an employment tribunal found that the employee's dismissal for excessive internet use discovered during a disciplinary investigation was fair and that the appeal procedure followed was "textbook".
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- Type:
- How to
Updated to refer to Atherton v Bensons Vending Ltd, in which an employee's derogatory comments about his employer on Facebook did not justify the withholding of notice pay.
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- Type:
- Employment law cases
In Elliott v RMS Cash Solutions Ltd, a Northern Ireland tribunal held that a cash transit firm fairly dismissed an employee whose Snapchat posts revealed a colleague's personal details. The posts increased the risk of "tiger kidnapping", which involves staff or their families being kidnapped to force staff to help commit a crime.
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- Type:
- Policies and procedures
Updated to take account of the General Data Protection Regulation, in force from 25 May 2018, including a new section to explain how personal data will be handled during monitoring of mobile telephone use.
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- Type:
- Policies and procedures
A model policy to detail the accepted use of hand-held or portable electronic devices, such as smartphones, tablets and laptops.
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- Type:
- Policies and procedures
Updated to set out: the implications of the General Data Protection Regulation; the strict limits on what data should be held on personal devices; to whom data breaches should be reported; and how personal data will be handled when monitoring use of personal devices for work.
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- Type:
- Employment law cases
In Barbulescu v Romania [2017] IRLR 1032 ECHR, the Grand Chamber of the European Court of Human Rights held that the Romanian courts failed to afford adequate protection to the art.8 rights of an employee who sought to challenge his dismissal following a monitoring exercise by his employer.
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- Type:
- Employment law cases
In this Romanian case, the Grand Chamber of the European Court of Human Rights (ECHR) has held that monitoring the employee's private use of a business messaging account amounted to a breach of his right to private life and correspondence under art.8.
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- Type:
- Employment law cases
An employment tribunal has rejected the unfair dismissal claim of a long-serving employee with a clean disciplinary record who was dismissed over comments she made on Facebook about her employer.