Personal opinion disclaimers on employee’s own social-media accounts ‘have zero value’
Staff must be careful what they post online even in their own time and to their own accounts. Photograph: iStock
He was speaking at an event in Dublin organised by two specialist groups of the Bar of Ireland: the Employment Bar Association and the Media, Internet and Data Protection Bar Association. The right to freedom of speech included speech that was contentious, heretical, unwelcome and provocative, provided it did not tend to provoke violence, he said. People often conflated the protected right to privacy with the privacy settings on their social-media account when those were “separate” issues.posts criticising some customers who had subjected her to “a torrent of abuse”.
Mr O’Doherty told the seminar that other relevant issues included how an employer’s reputation might be damaged by an employee’s post. When the public, and an employer’s customers in particular, took to social media to draw a link between a post and the values of the employer, such internet “pile-ons” had led to decisions upholding dismissals and terminations of contract.
She said an employer’s ability to take action over employees' social-media posts was not limited to work settings. A post made in a private setting, even in a worker’s own time, may be acted upon if it impacted the employer, damaged their business or brought them into disrepute.
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