HRM Report: Legal and Ethical Implications of Employee Termination

This report delves into a human resource management (HRM) case concerning the termination of a customer service assistant, Tolu, due to her false sick leave application and related social media activity. The report explores the legal and ethical implications of employee misconduct, staff communications, company reputation, and privacy in the workplace. It analyzes issues such as managing conduct, company access to employee social media profiles, and the impact of employee posts on company image. The report references the Employment Rights Act and the Communications Act 2003 to evaluate the legality of the termination and the company's actions. Furthermore, the report discusses implications for good practices in managing social media within the workplace, referencing relevant case law and HR practice theories to support its analysis. The report also presents two case studies mirroring Tolu's situation, highlighting the importance of balancing employee rights and company interests in the digital age. The report emphasizes the need for clear social media policies that comply with legislation while safeguarding both the company's and the employees' interests.

HRM
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TABLE OF CONTENTS
INTRODUCTION................................................................................................................................4
TASK 1.................................................................................................................................................4
TASK 2.................................................................................................................................................6
CONCLUSION....................................................................................................................................7
REFERENCES.....................................................................................................................................9
BIBLIOGRAPHY..............................................................................................................................10
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EXECUTIVE SUMMARY
Human resource management (HRM) is an important function which is helpful in both private
and public sector organization. HRM usually follows the process of recruiting and developing the
employees so that they give good performance productivity. It also helps the organizations to increase
their profitability and provides customer satisfaction. In this report, it has shown that Tolu is customer
service assistant which has been terminated from the organization due to her false reason to the sick
application. This report inculcates about the issues through which employee can get termination of
employment and it includes misconduct, staff communications, and privacy of work and company
reputation. The company without taking prior permission from the employees has reviewed the profiles
of the current employees which are considered to be unethical. This should be avoided by the employer
to increase any type of misconduct. There are many good practices which should help the organizations
in managing the social media without affecting anybody sentiments. There are social media cases
which have similar fact patterns in which HR often must take the critical role of preventing their
business from acting rashly. Management and employees should avoid the social media issues which
affect them personal as well as on the professional level.
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INTRODUCTION
Human Resource Management (HRM) is a part of the organization which helps in maximizing
employee performance to accomplish the organization objectives. Human resource management is the
process of recruitment, selection of employee providing him the training and developing skills,
checking the performance of the employees, motivating them etc. (Human Resource Management,
2016). The purpose of the report is to see the issues which are illegal for the employees but employer
think it is legal and can take action over it. This report is based on the legal issues which employees are
facing in the organization. In This report, Tolu is working in the leading holiday company as customer
service assistance. Her role in the organization involves the help desk in which she enquires the queries
about the online flights and holiday package bookings. But now she has been terminated from the job
for giving the wrong reasons for the sick leave. This report comprises of two tasks. First task includes
Tolu's alleged conduct towards the organization and issues over their misconduct. Second tasks
considered the implications for good practise and the HR practice theories for dissolving the issues
which are faces by the Tolu in the organization.
TASK 1
Tolu has post the actual reason the blog and stating the wrong reason for the sick leave is the
main reason for her termination from the workplace. The issues which are used to terminate her are as
identified and analysed critically. The issues which are identified are managing conduct, staff
communications, company reputation and privacy at work etc. The first issues is managing conduct, in
which employees has to maintain good relationship with their employees to avoid any misconduct in
the organization. According to the Davis and et.al., (2014), stated that misconduct in the organization
happen by the insubordination in the work, falsifying the records, performing an illegal manoeuvre
during take-off (Davis and et.al., 2014). The other can includes bullying in the workplace, poor
attendance and time- keeping etc. Many employees find unfair dismissal claims and Tolu is one of
them. As per the view of the scenario, Tolu is at fault because she has doesn't communicate right
reasons to the the management which became one of the reason of the termination. However, it
critically assessed that the company has here the reason for terminating the Tolu because she has stated
the wrong reason (Hollon, 2016).
Second reason is staff communications in which company has tell the employees that in
recruiting new employees, company is checking the potential recruits' social networking sites. Despite
of this, the company has reviewed the current employees' personal web pages which are unethical for
the employees as well as for employers. In this scenario, the company is at fault because it has no right
to see the social networking sites i.e. Facebook page and the blog of their employees without their
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permission. Third issue is company reputation in that company is restricting these types of web pages
from the individual employee to post on the social networking sites. This is because according to the
company these are affecting their company reputation (Okonta and Rossouw, 2014). On the the other
hand, the employees especially Tolu doesn't think it will affect the company's honour. Last issue can be
privacy at work in which both organization and Tolu has different thoughts about it. In scenario, it
founded that the company is checking the Facebook page and blog of Tolu which is unethical in the
workplace to check the private profile of their employees which leads to leaking of their privacy. In
contrast of this, company is taking as a legal action so that it will not affect the company goodwill
whereas it is critically analysed that this is an unethical to review the profiles of the employees
(Reamer, 2013). Here, Tolu views is, it is illegal to see the web pages which can affect the one's
privacy because private and professional life should be remain separately from each other.
The Employment Rights Act is United Kingdom law in which the issues related to employees
are discussed as well as the rights against the laws are protected. The law also stated that employees
have a right to reasonable notice before having their contracts terminated and no employer can use
unfair dismissal practices to terminate his employees. The social media employer infringement into
employee privacy and other labour related issues are considered under this law.
The legal position regarding the company firing her over her social media posts are as critically
evaluated. As per view of the scenario, the main legal aspect on her termination is stating wrong
reasons for her leave application. She asked leave for having sick but in actual she has hangover of the
previous night and this has been posted by her on their social blog which act as termination of her
employment (Southey, 2014). So, in contrast to this, she has given wrong reason to the company which
is noted as unethical from her side. As per the law, it is illegal to post embarrassing photographs on the
social media because it can affect the company's reputation. However, it critically evaluated that
organization should be careful in securing their employees' privacy because if it leaked then it can
illegal aspect for the organization (Lorene and Park, 2016). However, the company should maintain
their employees' privacy and information confidentially. In contrast to this, the company has taken the
printouts of the photos of Tolu without her prior information which can be illegal for the organization.
There are social media law which are all about the offensive activities which should not be
protected by the law and considered as a illegal (Marsick. and Watkins, 2015).. For example, posting
unprofessional blog on the social media in which criticizing the co-workers is the illegal act by that
employees should be restricted.
TASK 2
Social media is the medium for the communications (such as social networking sites, blogs),
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collaboration, multimedia, and for entertainment etc. The act which is about social media is Digital
economy Act 2010 in the United Kingdom which gives protection to all types of the social media
enactments (Vaast and Kaganer, 2013). This act is the amendment of the Communication Act 2003
which provides responsibility of enforcing laws considering Internet copyright breaches. The
implications for good practises with regards to managing social media within the workplace are as
critically discussed. Communications Act 2003 which is the UK social media law still keeping strong
as the pioneer for emerging cases and guidance about social media-related employment policies and
practices and their legal concerns are social media privacy protections. As per the view of Thomas and
Akdere (2013), asserted that HR managers should be sensitive about the origins of a given post and the
appropriate follow-up regarding it (Thomas and Akdere, 2013).
According to the Al Ariss and et.al., (2014), social media activities can impact the workplace
through the compromise of confidential business information, through the various posts such as
threatening, harassing or mistreating the other co-workers (Al Ariss and et.al., 2014). In this regard
Bryman (2015), has stated that existing policies including the law prohibiting harassment and
discrimination, standards of conduct, and policies governing the use of the employers’ communications
systems (Bryman, 2015). It also includes a dedicated social media policy that meets the
Communications Act 2003 requirements, while effectively preventing and providing disciplinary
measures for employees’ inappropriate social media activities, are likely to play the key role.
According to the above scenario, employees must be careful to craft these policies such as to know that
these are not affected to the workplace's culture and needs. To overcome this problem, the legal actions
should be taken to avoid these types of problems in future in the organizations (Hislop, 2013).
The best HR practise theories and guidance to supporting the case law are as discussed. There
are many social media cases which have similar fact patterns which go like this:
1. Employees make offensive Facebook post which affects the organization or their co-workers or
the job itself.
2. HR manager gets mad and terminates employee.
3. Employee claims that the particular post is protected by the Communications Act 2003.
4. Communications Act 2003 more often agreed with employee and in this employer loses the
legal battle.
For example, there are two cases which are matched by Tolu's situation and they are as follows: Case 1: Facebook entry and YouTube video led to amateur model’s dismissal
Mrs Gill who worked as a customer service representative for SAS Ground Services is also
pursuing the acting and modelling in the part-time. One day she took leave for some medical reason
and did not attend the office for 3-5 days. But some colleagues have seen her pictures and video on
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Facebook and YouTube for which management has taken the action to terminate her from employment
(Simpson, 2015). For this, management had enough proves which shows that it was not the social visit
and she has the involvement in London fashion Week event. For this, tribunal makes decision that
company was entitled to reach the conclusion and they had been fairly dismissed by Mrs Gill.
 Case 2: Employee who commented on Facebook that she worked "in a nursery" was unfairly
dismissed
Mrs Whitman was employed as a Team Leader in Club 24 in which company provides
customer services for Skoda. One day she had a difficult day and she posted some comments in which
she stated that she is working in the nursery and don't want to work with the plants. This matter was
brought to the line manager which thinks it is inappropriate in the disciplinary proceedings and takes
action to terminate her employment (Simpson, 2015). The management comments that it is risk for
company's reputation and in company’s policy, it has written if these types of things would happen then
company can take disciplinary action. The tribunal found that there are no enough evidence gathered
by company and she has not provided any confidential information about the firm. So, this is an unfair
dismissal.
These cases implicate Communications Act 2003 , which gives all employees, both in unionised
and in non-union work settings, the legal right to engage in protected, concerted activities which is to
discuss and otherwise interact with one another regarding, among other things, various terms and
conditions, rules and regulations and policies of the work (Lisa Guerin, 2016). According to the this
act, an employer policy or practice will be deemed in violation of the Communications Act 2003 if it
will applied or enforced, prohibited or interfere in the legal procedures of the activities. In these kinds
of fact patterns, HR often must take the critical role of preventing their business from acting rashly. It
is offensive if we look beyond the nature of the post or examine that critically whether the post is
interpreted to implicate discussion of any terms and conditions of work (Lorene and Park, 2016). For
instance, some common example includes comments or even just 'likes' on the given post such as
regarding an employee's complaints about low pay, long hours, bullying or misconduct behaviour can
be treated as unfair practice by the management.
CONCLUSION
It is concluded that Tolu has been terminate from the company by her unethical behaviour as
well as her false reasons for the sick application. This has been not tolerated by the HR management
and they have terminated her employment. There are various issues which includes misconduct
behaviour, staff communications, and privacy of work and company reputation. These issues can affect
the employees as well as employer in ethical ways. The some reasons which are against the employees
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and employer which affect each other reputations. The management should not take out the pictures of
the Tolu whereas Tolu should not give false reasons for her sick absence, which it both lead to
unethical. There are various case law and acts which helps in preventing offensive social media
activities and to protect the user's information. Some practises have positive impacts on the case law
with the good practice with regards to managing social networking sites. Employees should follow the
rules and regulations of the particular organization so that no offensive things get happen.
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REFERENCES
Journals and Books
Al Ariss, A. and et.al., 2014. Talent management: Current theories and future research directions.
Journal of World Business. 49(2). pp.173-179.
Bryman, A., 2015. Social research methods. Oxford university press.
Davis, B. and et.al., 2014. Exploring employee misconduct in the workplace: individual,
organizational, and opportunity factors. Journal of Academic and Business Ethics. 8. p.1.
Hislop, D., 2013. Knowledge management in organizations: A critical introduction. Oxford University
Press.
Marsick, V. J. and Watkins, K., 2015. Informal and Incidental Learning in the Workplace. Routledge.
Okonta, P. I. and Rossouw, T., 2014. Misconduct in research: a descriptive survey of attitudes,
perceptions and associated factors in a developing country. BMC medical ethics. 15(1). p.25.
Reamer, F. G., 2013. Social work values and ethics. Columbia University Press.
Southey, K., 2014. Contributory misconduct reductions in unfair dismissal remedies. Australian
Bulletin of Labour. 40(1). p.24.
Thomas, K. J. and Akdere, M., 2013. Social media as collaborative media in workplace learning.
Human Resource Development Review. 12(3). pp.329-344.
Vaast, E. and Kaganer, E., 2013. Social media affordances and governance in the workplace: An
examination of organizational policies. Journal of Computer‐Mediated Communication. 19(1).
pp.78-101.
Online
Hollon, J., 2016. New Study: The Top 10 Best Practices Of High-Impact HR Organizations. [Online].
Available through: <http://www.eremedia.com/tlnt/new-study-the-top-10-best-practices-of-
high-impact-hr-organizations/>. [Accessed on 15th March 2016].
Human Resource Management. 2016. [Online]. Available through:
<http://www.businessdictionary.com/definition/human-resource-management-HRM.html>.
[Accessed on 15th March 2016].
Lisa Guerin, J. D., 2016. Do Labor Laws Protect Employee Posts on Social Media? [Online]. Available
through: <http://www.nolo.com/legal-encyclopedia/do-labor-laws-protect-employee-posts-
social-media.html>. [Accessed on 15th March 2016].
Lorene D. and Park, J. D., 2016. Social media and employment law—are courts catching up? [Online].
Available through: <http://www.employmentlawdaily.com/index.php/2015/05/14/social-media-
and-employment-law-are-courts-catching-up/>. [Accessed on 15th March 2016].
Simpson, S., 2015. Social media: 10 employment cases involving Facebook. Available through:
<http://www.xperthr.co.uk/blogs/employment-tribunal-watch/2013/04/social-media-10-
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employment-cases-involving-facebook/>. [Accessed on 19th March 2016].
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BIBLIOGRAPHY
<http://www.cerait.com/5-problems-social-networking-workplace>
<https://www.shrm.org/about/foundation/products/Documents/Social%20Media%20Briefing-
%20FINAL.pdf>
<http://humanresources.about.com/od/glossaryh/f/hr_management.htm>
<http://managementhelp.org/humanresources/>
<http://ro.ecu.edu.au/cgi/viewcontent.cgi?article=1424&context=theses>
<https://www.shrm.org/india/hr-topics-and-strategy/strategic-hrm/Documents/HR%20Strategy
%20EPG-%20Final%20Online.pdf>
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