HR manager’s use of LinkedIn prompts constructive dismissal case

How well do you understand the use and reach of Linkedin? While we endorse the use of Linkedin to help you network, look for jobs and be found, the site is very public being easily found online with little effort. You need to have a good scour around your settings and profile so you are content with what you are telling a big adudience about yourself. Have you got the box ticked for “career opportunities”?

We ask because recently an HR professional was disciplined over information he posted on his LinkedIn profile has claimed constructive dismissal.  He was accused of using  data on his CV uploaded to the social networking site showing how he had reduced the company’s attrition rates and that it was not for public consumption. He was said to have  breached their new social media policy by ticking a box suggesting he was interested in other “career opportunities”.

His employer told him to remove this information and brought disciplinary proceedings against him for inappropriate use of social media. A senior resourcing and development manager told an employment tribunal  that the information he had posted was not confidential as it was available in the firm’s annual report. He also argued that 21 of his colleagues, including the employee managing the disciplinary process, had ticked the “career opportunities” box, but had not been disciplined. He was told me to remove from my profile all information regarding his employer except for job titles and dates. He did not think this was reasonable.

The case, which is ongoing, raises fundamental questions about the limits of social media in the workplace. Does your employer have a social media policy – worth checking. If you import your CV to build your profile, will you be in hot water for using confidential information.


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