Will blogging get you sacked?
Employees who 'blog' online about their work run the risk of the sack if their boss finds out and doesn't like what they read.
Blogs are online journals posted on the Internet and available to be read by anyone. Around a third of all UK bloggers are discussing their jobs in detail according to research by YouGov, commissioned by human resources firm Croner.
Of those questioned, 39% said they had posted details online which could be potentially sensitive or damaging about their place of work, employer or a colleague. Such discussions could damage the organisation's corporate image or even reveal confidential information such as financial figures or new product development.
This level of blogging may, therefore, be grounds for dismissal for gross misconduct. However, it's not cut and dried. A Waterstones' employee was sacked for gross misconduct in 2005 because he made critical remarks about his boss and the bookseller on his personal blog. He appealed against the dismissal arguing that the postings were satirical, not published on a regular basis, and that he had never intended to deliberately ruin the company's image. He won his case. Gillian Dowling, technical consultant at Croner, says: "In the 1990s when emails were introduced as a new means of communication employees were lulled into a false sense of security by the informality that this type of communication brings.
With blogging, the employee, sitting in front of his computer screen, experiences the same lack of embarrassment as there is no face-to-face contact. An employee might sound off about his bad day at work on a blog without fully considering the impact such a posting may have."
It therefore makes sense for companies to insert clear rules on personal blogs and comments about the workplace into employment contracts.
You should put clear and appropriate procedures in place and make sure all staff are aware of the policy. You should also set up a clear Internet and email policy that covers blogging in work time or using company equipment. You may wish to allow blogging while at work, but it is wise to put restrictions in place, such as only allowing it at certain times of the day, for example during a lunch hour.
As always, legal advice can help protect your company. Staff who are unsure where the boundary lies between freedom of speech and obligations to an employer could also benefit from talking to one of our solicitors.
Contact
Judith Ellery Head of Employment
Angelina Rigby Partner
Bethan Southcombe Solicitor
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This article summarises the law on issues which we believe may be of interest to your business. It is not a comprehensive review of the subjects and accordingly is published without responsibility for loss occasioned to any person(s) acting or refraining from action as a result of information published. This document is provided for information only and does not constitute legal advice. Professional legal advice should be obtained before taking or refraining from any action as a result of the contents of this document.