How to handle employee blogs

by Katie Wood

Generally speaking, Blogs frighten bosses.  Although there are now some companies encouraging employees to “connect with their market” and write a blog (short for weblog), most employers would rather staff did not publish their diaries online. Employers worry that blogs are damaging because they could show the company in a bad light or because they’re written in work time.

Some of the world’s biggest names like Delta Air Lines, Google and Microsoft have dismissed employees (or contractors) because of a blog. Earlier this year an English woman was sacked from her job with a British Firm in France because of her blog. An employment tribunal recently upheld Catherine Sanderson’s complaint of unfair dismissal and awarded her nearly £30,000 plus legal costs.

Despite the concerns, few companies have created policies that specifically address blogging. Luckily, most corporate policies already address many of the issues related to blogs, such as protecting confidential information, upholding the company's reputation, and Internet use at work.

So what should an employer do if he discovers an employee is being less than pleasant about their work online?

Firstly, employers should be wary of knee-jerk dismissals for first offences of misconduct which appear to have taken place outside the employer/employee relationship or appear to be unconnected with the employer's business. The statutory disciplinary procedure must be followed. At the very least, there needs to be clear, demonstrable evidence that the misconduct is having a real and significant negative effect on a significant number of the employee's colleagues, or on how the employer is perceived by its customers or clients.

Employers should also re-check their employment documents to ensure that policies make it clear that:

* employees must devote all of their working time to their duties
* there are rules in place for dealing with the use of the company's e-mail and internet facilities by employees and that non-permitted use of the internet may result in disciplinary action
* bringing the employer or any of its clients into disrepute is grounds for immediate termination of employment.

Common sense advice for employees comes from Heather Armstrong, the first person in the world to be sacked for their blog. She says, “My advice to you is BE YE NOT SO STUPID. Never write about work on the internet unless your boss knows and sanctions the fact that YOU ARE WRITING ABOUT WORK ON THE INTERNET.”

Back to employment law e-bulletin August 2007

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For further information on blogs and employees, contact the employment law team of Burnetts Solicitors on 01228 552222.

August 2007