Do we have any whizz kids on the site who might advise?

[docwra]

Hmmm, sounds like they wanted to get rid and are using this as an excuse to some extent, if they have a media policy that is that clear then she doesnt have a leg to stand on. harsh, but unfortunately thats the way it goes sometimes.

 

First question to ask is always "has she been there a year" coz if not they can do what they want

[Richf]

Hmmm, sounds like they wanted to get rid and are using this as an excuse to some extent, if they have a media policy that is that clear then she doesnt have a leg to stand on. harsh, but unfortunately thats the way it goes sometimes.

 

First question to ask is always "has she been there a year" coz if not they can do what they want

 

Its two years now

 

http://www.personneltoday.com/hr/6-april-2012-employment-law-changes-increase-in-unfair-dismissal-qualifying-period/

[Husky]

I find it funny the reaction from some to social media. It's like people years ago saying "ooh no, I don't have a television because they make you go blind!" or "No I don't have a mobile phone, they give you cancer and ruin everything" or when people would pass out going 10mph on one of the first cars because it was so scarily, dangerously fast! Time's change and the world evolves. To dismiss something so heavily present and advancing in modern society as a waste of time or stupid (I'm paraphrasing) is foolish.

 

The television has allowed the world to learn, understand and stay informed as well as waste peoples time on an over indulgance of entertainment. A mobile phone might right now be giving a girl somewhere girl a way of calling the police to prevent violent abuse. Someones life may have just been saved by a paramedic able to get to a scene fast enough due to the invention of the car.

 

Just the same as these other inventions there are examples of good coming from social media; people who suffer from heavy depression can find a voice through social media, friends who are far apart can remain in contact with each other, peoples photo albums are no longer dusty things in the back of a drawer taken out at christmas only and can be shared with their friends and family bringing people closer together.

 

There is good and bad in everything new, obviously the OP's daughter has found the bad side of this. But people getting sacked for saying dodgy things about other employees is not a new thing (office gossip, letters, email, texting), this is just a new way of it happening.

 

More on topic, I'd say not to challenge it and move on with the hard life lesson learnt. The workplace will never be the same, she will not feel welcome there and will forever have a bitter taste left from the whole experience. This will make it a miserable place to work and so she will want to leave in a few months time anyway. New job, fresh start.

[docwra]

Social media is great, and its everywhere but I think youre missing two main points Husky ........... gossip, texting and letter are only viewable to one person and can be destroyed or forgotten, they arent a permanent record for the entire world and regardless, its WORK, not paramedics, not photo albums but something you get paid for following their rules. In this case it seems a little OTT, but at the end of the day stealing 20p out of the till is the same as £20, its still stealing

[Husky]

I agree completely, you break the rules you get the consequences.

[sipar69]

Part of my job involves investigating conduct and discipline issues and to be honest I do think the decision to dismiss her for that one transgression was harsh. However, that doesn't necessarily mean it was legally wrong and it's all about context. Without meaning any disrespect to your daughter, the fact is that most call centre workers aren't exactly the most valued of employees so the company probably didn't think too hard about letter her go. As others have said, it's worth finding out what the employer's policies are on use of social media, conduct and how they should be investigated. The only way she would be likely to have any form of claim at an Employment Tribunal is if she could prove the policies were misapplied or the decision to sack her was manifestly unreasonable.

 

I work for a large public sector organisation which has very detailed policies and guidance on all aspects of conduct and how to deal with allegations of misconduct. They are by no means soft and people can be dismissed for anything that amounts to what is regarded as gross misconduct. For example, I investigated an individual who had caused a fairly minor fight at a Christmas staff party - he was sacked. Other cases may end up with written warnings. If she did that where I work I would imagine she'd have ended up with a written warning but her employer obviously took a more serious view of it.

 

I suspect she will just end up having to treat this as a hard but valuable life lesson. People are incredibly indiscreet on social media sites and this is one of the unfortunate consequences.