Companies should have robust, zero-tolerance policies when it comes to racism and discrimination and employees should know what standard of behaviour is required from them, both in and outside of work.
An employee’s conduct, while outside of work, can put the employer’s reputation at risk. Recently we have seen estate agency Savills placed in such a position following the online racist abuse levelled at Marcus Rashford, Jadon Sancho and Bukayo Saka. One of its staff posted a racist tweet after the game. Savills suspended the employee and launched a swift investigation into the tweet. The employee has subsequently claimed his account was hacked and the matter is being investigated by the police.
Also, just a couple of weeks ago, a man was sacked from his job following video footage on social media of him and his friends accosting England’s chief medical officer.
Companies should ensure that it is expressly stated in policies that any personal social media posts that risk bringing the company into disrepute will be a disciplinary matter. Prohibit staff from identifying your business in a personal blog, even in their own time, in your email and internet policy. Provide examples of behaviour or offences that will constitute misconduct or gross misconduct or bringing your business into disrepute in your staff handbook. Highlight the higher standards required of senior and/or public-facing employees.
Make sure you are prepared by creating the right culture and having the correct policies in place.
This provides summary information and comment on the subject areas covered. Where employment tribunal and appellate court cases are reported, the information does not set out all of the facts, the legal arguments presented and the judgments made in every aspect of the case. Employment law is subject to constant change either by statute or by interpretation by the courts. While every care has been taken in compiling this information, we cannot be held responsible for any errors or omissions. Specialist legal advice must be taken on any legal issues that may arise before embarking upon any formal course of action.
