Page 29 - BOSS Today Issue 16

legAl

WhaT’s personal,

and WhaT’s noT

Recent case law shows employers need to tread very carefully before taking
action against something one of their staff may have said on social media

he advent of Facebook his loyal service, the sanction
and other social media imposed would be a demotion employment law:
Tsites has caused extra with a 40 per cent reduction
problems for employers, who in his salary phased over 12
often find it difficult to balance months. what’s changing
the freedom of expression of He appealed, and the original
their employees with the need to sanction was upheld except that in 2013
protect their business reputation. the salary reduction would be
This issue was dealt with by the phased in over two years.
recent High Court case Smith v Working with the trust in his 1 February
Trafford Housing Trust. new role under protest, Smith Employment tribunal award limits rise.
Smith, a manager within the brought proceedings in the High 8 March
trust, expressed his personal Court for breach of contract. The permitted period of parental leave following the
opinions on gay marriages The High Court held that birth or adoption of a child increases in line with an
outside working hours and in the trust had in fact breached EU Directive from three to four months.
a forum he visited solely for Smith’s contract by demoting 6 april
personal and social use. His him. But it concluded this was The 90-day minimum period for collective redundancy
Facebook wall indicated that a case of wrongful dismissal consultation will be replaced with either a single 30-day
period, or a shortened 45-day period. The standard rate of
he worked for the trust, and, rather than unfair dismissal, and statutory sick pay increases from £85.85 to £86.70 per week.
out of his 201 friends, 45 were damages were limited to £98,
employees of the trust. the difference between the old The rate of statutory maternity pay, ordinary and additional
statutory paternity pay and statutory adoption pay
Smith was a Christian, and his and new salary during the 12- increases from £135.45 to £136.78 per week.
views on gay marriage reflected week notice period.
his religious background. The Fortunately for the trust, April will also see the introduction of ‘employee owner’
contracts, which will allow employees to be offered shares
language he used was not Smith had failed to bring an in their companies in exchange for giving up certain
abusive and did not intend to employment tribunal claim employment rights. And from April, some employers will be
incite or provoke. for unfair dismissal within the required to report PAYE deductions to HMRC before or when
they pay employees rather than at the end of the year.
Nevertheless, the trust began prescribed time limits.
disciplinary action against him Still, the case shows that summer
on the following grounds: employers should always make Employment tribunal fees will be introduced. Tribunals will
1. Bringing the trust into sure that they investigate have the power to order the unsuccessful party to reimburse
fees paid by the successful party, and a fee remission
disrepute, particularly as it had any allegations in respect to system will operate for those who cannot afford to pay.
been accredited to working with misconduct through Facebook 1 october
homosexual and transsexual very carefully before starting The Government aims to introduce changes to directors’
individuals. disciplinary proceedings. In this pay in quoted companies, involving an increase in
2. Posting comments on case, the trust had a narrow shareholders’ influence on pay through enhanced voting
Facebook which had the escape from possibly having to rights. From October, all employers will be required to report
PAYE deductions to HMRC prior to, or at the time of, paying
potential to cause offence. pay substantial compensation employees rather than at the end of the year.
3. Breach of the trust’s code of because the employee failed
conduct and equality policies. to bring his claim in the correct From October, all employers will be required to report PAYE
deductions to HMRC before or when they pay employees
4. Failing to take managerial court. Other employers are rather than at the end of the year – something some
responsibility. unlikely to be as fortunate. employer will have to have started doing in April
During the disciplinary action, (see above).
Smith was informed that his n For more inFormation, There are also likely to be many more changes once the
behaviour was so serious that it consult your Boss Hr Enterprise & Regulatory Reform Bill is finally passed.
warranted dismissal but, given adviser.

March/April 2013 | BOSS TODAY 29

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