Facebook post criticising employer during lockdown: dismissal for gross misconduct upheld

What this case shows

This case demonstrates the risks employees take when they use social media to criticise their employer, particularly during a crisis. The customer service advisor, who had worked for Dermalogica UK Limited for seven years, posted a comment on Facebook accusing the company's CEO of prioritising profit over staff safety during the first COVID-19 lockdown. The post was a clear breach of the company's social media policy, which prohibited bringing the company into disrepute.

The employer acted swiftly, suspending the employee and launching an investigation. Despite being invited to a disciplinary hearing, the employee did not attend, and the hearing proceeded in her absence. She was dismissed for gross misconduct.

What the employer did right

The tribunal found that the employer acted reasonably throughout. It had a genuine belief in the misconduct, based on the Facebook post itself. The investigation was adequate, and the decision to dismiss was within the range of reasonable responses open to a reasonable employer. The fact that the employee did not attend the hearing did not make the process unfair, as she had been given every opportunity to present her case.

Why this matters

This case serves as a reminder that the 'range of reasonable responses' test gives employers considerable discretion in misconduct cases. Even where an employee has a long service record and personal difficulties, a clear breach of policy can justify dismissal. For employees, it highlights the importance of thinking carefully before posting about work on social media, especially in a public forum. For employers, it reinforces the value of having a robust social media policy and following a fair procedure, even when the employee chooses not to engage.