Linked In related dismissal
Online activity, social media and employment law are throwing up some fascinating cases and implications, not least regarding where and how the lines are between the “personal brand” and the “corporate brand”, duties, rights and responsibilities in the workplace vis online activity.
Whilst there ahave already been quite a few test cases on certain areas such as what is disclosable in terms of facebook activity, a particularly interesting case caught our eye recently.
With Linked In, as many will know, in the profile details options, there is an option which can be ticked where the member wants to indicate he or she is interested in “career opportunities”. This can mean many things and in our view does not indicate disloyalty to an employer or an immediate desire to kleave or undertake jobs on the side. The option is ticked n=by many thousands of employees iojn theior profiles.
In the case in question, the employer took exception when finding that the employee, a Mr Flexman, had ticked the box. The employer BG Group, a major gas exploration firm sought to insist that he unticked the box, and Mt Flexman refused, he says, as a matter of principle. This of course upped the ante as far as the employer was concerned. He faced disciplinary process and resigned claiming constructive dismissal.
The arguments from the employer appear to be as follows :-
- The employer claims that the employee was in breach of company policy
- The employer argues that the employee has created a conflict of
- The employer claims that the employee has disclosed confidential information