Telling Your Boss To Blog Off

Not many of us could say we’ve never uttered a harsh word about a work colleague. The pub on a Friday night is often the place for staff to let off steam about their boss or particular incidents at work. But how would your employer react if you published choice remarks about your managers to the world at large?

Recently we dealt with a case where an employee described her managers and the company she worked for in fairly colourful terms on her own blog.

She’d done so in her own free time, in her personal bit of cyberspace, and not identified any individual by name. However, the overall impression she gave of her employer was certainly derogatory.

As with many incidents of this sort the employee hadn’t told her employer. She probably didn’t expect to be found out, but with a worldwide audience and sophisticated search engines, it was only a matter of time.

Blogging could make you unemployed
The advice we gave was very clear. This could be a sackable offence. She may well think that the right to free speech or the Human Rights Act will protect her, but it won’t. When it comes to employment law, even misconduct outside work can be a fair reason for dismissal.
For some time the tribunals and courts have accepted that discriminatory remarks or other inappropriate behaviour at an office Christmas party or at a get together in the pub in the evening is still an issue for employers, if there is a sufficient connection with work.

The number of blogs and their accessibility is increasing dramatically. Blogs can be accessed and read by a customer, supplier, or a current or prospective employee. It may inadvertently reveal confidential information and could cost an employer new business or put off prospective employees.

Those tempted to write about last week’s incident at work might want to tread carefully. As well as the prospect of disciplinary action by their employer, whatever comments they post up could be defamatory.

‘Doocing’
For employers blogs and their content are a growing issue. In America the incidents for blog sackings are so high that there is a new word for it! US citizens will tell their friends they’ve been “dooced” if it happens to them.

Our advice to employers is to tell your employees that blogging about their job and employer could get them into trouble. Appropriate words of warning should be included in your disciplinary rules or staff handbook.

Many employers now have an IT usage and monitoring policy in place at work because so many incidents of misconduct involve misuse of company e mail and internet resources. It may seem ridiculous, but to protect your business you may now need to have a policy in place for misconduct outside work.

For further information, please contact Patrick Howarth on 01752 675058

Published 21/02/2007.