We have seen an increase in complaints from employers in the Shipping and Logistic industry sector where employees have posted negative comments about their employers/organisation/work colleagues on social networking sites.

SOS-HR's advice, to any employer, would be to collect evidence as this may be useful in any subsequent disciplinary or legal action as soon as they become aware that there is an issue.
 
Please be aware that the remedies available to employers differ depending on whether the negative comment is defamatory, a breach of contract or a breach of confidentiality.
 
Where employers are unable to identify the author of the negative comment, they can contact the social networking provider and request further information from which the author can be traced. We recommend that they take steps to remove the comment first and consider bringing disciplinary action, starting with an investigation, and/or civil proceedings against the employee.
 
Where the comment is defamatory remember that the employee may be able to justify it and, as a result, may successfully defend a civil action.
 
The most important thing here is to consider each case on its facts, and take into account the costs and time associated with bringing civil proceedings.
 
If you would like to receive some practical guidance on steps to take to produce a proactive policy  to manage such a situation then please do not hesitate to contact Clare Whight at SOS-HR on 01473 276170 or email This e-mail address is being protected from spambots. You need JavaScript enabled to view it