Hi, it’s Deborah and Euzi
Social Media: a recent case law on vicarious liability, which is where an employer is held liable for the actions of its employees if those actions are “in the course of employment”, raised this question:
Can an employer really be responsible for postings on an employee’s personal social media account?
In this particular case the Employment Appeal Tribunal (EAT) decided that the sharing of an offensive post by an employee on their personal Facebook account was not carried out ‘in the course of employment’, so the employer was not legally responsible for it.
The judgement provided some useful examples of the factors that will be relevant in deciding whether a post on a personal social media account will be in the course of employment, such as:
- whether the post was done at work or outside of work
- if done outside of work, whether there is nevertheless a sufficient connection with work such as to render it in the course of employment
- the degree to which the account was used for purposes relating to work
- whether the respondent’s equipment was used
- to whom the post was circulated (eg the degree to which it included work colleagues)
- whether the post referred to the respondent or any of the respondent’s employees
For further information go to:
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