Two recent cases have highlighted the risks of posting inappropriate comments to social networking sites. In the first case, an Employment Tribunal in January 2011 held that the dismissal of an employee was fair due to her gross misconduct in making inappropriate comments on Facebook. The tribunal said that the risk of harm to her employer’s reputation was significant as a wider audience could see her comments regarding her employer's customers. Her actions breached her employer’s email and internet policy of which she was deemed to have clear knowledge. In the more recent news story, a juror was found guilty of contempt of court after she made contact via Facebook with a defendant in the case. Both these cases highlight the necessity for both staff and students to be aware of the risks of inappropriate use of social networking sites. They also highlight the necessity for colleges and universities to have robust policies in place which they can rely on in a disciplinary situation.
An overview of the Employment Tribunal case Preece v JD Wetherspoons (published on 9 June 2011) is available from the Local Government Lawyer website. Further information on the case involving the juror is available from the BBC website.
JISC Legal has webcast resources on Web 2.0 and the Law for e-Tutors and on Safeguarding - Meeting your e-Safety Duties which explore the risks and liability in more detail.