An employee has a Facebook profile which is public for all to see. The employee added the company where they work on their profile page. They then make very serious racist comments. The posts are brought to the company’s attention. What action is required?

It is possible for employers to take action against employees who make inappropriate or derogatory comments about fellow employees or their employer on social media sites or where they bring the employer’s reputation into disrepute as the case may here. This is particularly the case where employee comments can be considered defamatory or when the employer is directly affected by the disparaging comments made.

However, you should tread carefully in determining what is and what isn’t acceptable and how information is gathered from an employee’s social media website, particularly in relation to privacy implications.

Whether disciplinary action or dismissal will be fair will very much depend on