Social Media in Court

Social media is now not simply a marketing tool, but a source of evidence that is being used increasingly in the courts. In 2011 saw a definite trend where cases referenced the leading social media sites. It is now common practice for solicitors to search social media sites for evidence and other information as they prepare their cases.
In an environment that is also increasingly litigious, ensuring that your exposure across the social networks completes with all relevant laws and regulation is of paramount importance. However, due diligence must also extend to company policy regarding the use of social media.
Pam Loch, Managing Partner at Loch Associates Employment Lawyers said:

“Two cases in 2011 highlighted the stark contrast in approach that Employment Tribunals can take when deciding whether an employee has been dismissed unfairly or not. The case of Preece v JD Wetherspoons plc shows that, where an employer has a clear social media policy in place, it can be fair to dismiss an employee who has made inappropriate comments about customers on Facebook.

“It was decided that the employer had been justified in their decision to dismiss the employee for gross misconduct as the comments she had made on her Facebook page breached the employer’s clear policies on e-mail, Internet and social media use.”

Today corporation must be vigilant about every aspect of their social media exposure, as legally they have a duty of care towards their employees, but at the same time, must protect their own commercial interests from damaging litigation. The advice is always to have a social media policy in place and ensure this is regularly updated.