Conduct outside work

Employers can dismiss fairly for conduct outside work, but only if it relates in some way to work, usually by damaging the employer’s reputation (CJD v Royal Bank of Scotland [2013] CSIH 86). A fair dismissal requires evidence of a genuine risk of reputational damage.

Social media has significantly increased the risk of being disciplined or dismissed for conduct outside work. The EAT has confirmed that social media-related dismissals will be approached using the general principles that apply to all dismissals (Game Retail Ltd v Laws [2014] UKEAT 0188/14/DA).

Employment tribunals treat social media sites, such as Facebook and Twitter, as public spaces. Limiting access to a posting to a specific group of “Friends” will not make it private. More often than not, disciplinary action is triggered by the actions of disgruntled colleagues who print off postings and pass them to management.