NEW REPORT: Social media and the law
NEW REPORT: Social media and the law
News brief - 09/03/20 View this email in your browser
NEW REPORT: Social media and the law
Our latest report, Social media and the law, offers practical advice to trade unions seeking to protect their workers from dismissal over the content of their social media posts.
Authors Paul Scholey and Daniel Kindell – both Partners at Morrish Solicitors – warn that the courts are hearing an increasing number of cases in which the dispute between worker and employer revolves around messages posted online or in emails.
They examine recent case law to provide an analysis of the factors that typically lead to a decision that a dismissal was unfair, that confidentiality rules were breached, that an organisation’s reputation was negatively impacted or that a worker’s human rights were contravened.
As well as recommending legislative reforms – including to the ‘band of reasonable responses’, a proportionality test that considers only the employer’s definition of ‘fair dismissal’ and not the worker’s – the authors conclude with a practical checklist for unions dealing with social media cases.
Paul Scholey said: “The cases we reviewed in our research have revealed a lot about which factors have proven important to the courts when making decisions in social media cases. In this book, we’ve laid out those factors in an easy-to-read way and we hope the report can become a manual for unions in protecting their members.
It’s vital that unions stay up-to-date with these trends. It’s all too easy to be left behind by emerging technologies, but when we fail to keep up we leave workers vulnerable.”
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