Social media at work - a practical guide for trade union reps (May 2016)

Chapter 2

Freedom of speech

[ch 2: pages 11]

Employers looking at their employees’ social media postings and taking disciplinary action has created alarm about what should and should not be permissible and at what point this becomes a violation of freedom of speech.

A briefing issued by UNISON Scotland notes that:

• the right to assemble extends to joining a social media network aimed at trade union members;

• exercising the right to free speech can be a breach of confidence or a breach of contract; and

• the employment relationship extends beyond the working day; but

• it is unlawful for employers to punish trade union members for taking part in trade union activities in their own time.

In considering whether disciplinary actions or dismissals relating to social media posts are fair, it is the nature of the comments that must be considered, rather than the fact that they are made on a social media site (see also page 34 on privacy and hacking.)


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