Social media posts are increasingly a source of employers finding out about potential employee misconduct and provide a fruitful source of evidence in this regard.
The number of employment law cases where social media postings are deeply involved is escalating rapidly.
In another reported case in the last few weeks, which has not yet reached the Employment Tribunal, staff employed by the Duke of Bedford at Woburn have been dismissed for an overzealous send off for a departing member of staff.
Whilst the misdemaenour appears to be relatively minor, with the departing employee bveing dunked in a fountain and then had some cakes thrown at him, it would appear that the defence to the unfair dismissal claim will be that the Duke has very strict employment policies and procedures. On the basis that the employees were fully aware of the very high standards required, it is more than possible that the Duke’s defence may fall within the “range of reasonable responses” test for a fair dimissal.
Oh and by the way, the high jinx described above were videoed and posted online.
