Firms cannot fire over Facebook use if policy is unclear

Companies have no power to dismiss employees for browsing the likes of Facebook or Twitter at work unless they have a comprehensive social media policy in place which they have clearly communicated to staff, a human resources expert has warned.

Catherine Corcoran, a consulting partner at Baker Tilly Ryan Glennon said the use of Facebook and other social media sites during working hours had always been an ambiguous area. However, she said a recent ruling by an Employment Appeals Tribunal had removed any confusion.

In that case, the tribunal awarded €7,000 to a woman after it judged she was unfairly dismissed. The managing director told the tribunal he and the office manager had verbally warned the woman on a number of occasions about her non work-related internet usage. In January 2012, he saw her on a social media site and called her to his office and dismissed her. He believed her actions amounted to a waste of the firm’s time and resources and constituted gross misconduct.