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06 February 2015 / Michael Salter , Chris Bryden
Issue: 7639 / Categories: Features , Employment
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A little bird told me...

salterbryden

Michael Salter & Chris Bryden discuss the challenges of managing employees’ social media activity

We have written before about the dangers of social media usage by employees and the tensions in the law that arise as a result (see “Beware of the web”, 163 NLJ 7569, pp 9-10). We reviewed a number of cases which had been considered by the courts in which employees had been dismissed after misuse of social media, such as Smith v Trafford Housing Association [2012] EWHC 3221, [2013] IRLR 86 the Northern Irish case of Teggart v TeleTech UK Limited [2012] NIIT 00704_11IT and Preece v JD Wetherspoon plc ET/2104806/10. We concluded that this was an area in which guidance was required, and proposed a number of principles. These included that postings on social media sites in free time from personal equipment should not be covered automatically by a reasonable expectation of privacy, particularly where a complaint had been made; but that this did not justify a trawl of social media for disciplinary purposes absent a clear social media policy. We ventured that

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Jurit LLP—Caroline Williams

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Flint Bishop—Deborah Niven

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Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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