Employee Records Meeting Conversation and Shares on Social Media: What Employers Should Know

Q: I’ve been managing layoffs in my organization through video calls, and recently, I found out that one of the employees recorded our conversation and shared it on social media. What should my next steps be?

A: This situation is becoming increasingly frequent, likely due to shifts in our workplace culture where remote communication has replaced in-person interactions—especially pertinent for sensitive HR matters and career discussions.

When an employee records and shares private conversations online, it can lead to various issues, including potential breaches of data protection laws and damage to the employer’s reputation. Additionally, this raises important employment law concerns that must be addressed.

In recent years, widespread layoffs in various industries have led to feelings of discontent among employees, prompting them to document and publicly share confidential discussions.

This perception of unfair treatment may intensify if employees believe they were not consulted properly or if the discussions lacked compassion and support (such as considering redeployment options, offering an appeal process, and providing outplacement services).

Under UK law, for a dismissal to be deemed fair, employees must be consulted before they face redundancy. These consultations should be substantial and cover the rationale behind the layoffs, alternative cost-reduction methods, and explore options for redeployment.

Employers should be aware that discussions held in HR meetings (including email correspondence) could be revisited in an employment tribunal or other public forums; thus, steering the conversation with care is critical.

Handling these discussions professionally not only places employers in a stronger position but also enhances the dialogue with the employee, which can mitigate potential reputational damage.

If an employee is already under notice or awaiting payment in lieu of notice, action could be warranted if they breach their employment contract by sharing unauthorized recordings. It’s essential to have clear guidelines addressing conduct, privacy, and data sharing that specifically cover covert recordings.

This situation may prompt discussions with the employee, potentially leading them to request the removal of the unauthorized recording out of concern for misconduct allegations, as opposed to facing redundancy.

If the employee’s contract has already been terminated, pursuing action for breach of confidentiality may be challenging, especially if recorded meetings are distributed without consent from other participants, raising potential data privacy issues.

Despite the possibilities of legal arguments related to data protection and contract breaches, the reputational harm inflicted on the employer can be swift and profound, especially in the age of viral social media.

Management should always confirm at the start of remote meetings that recordings are not taking place and assure that HR notes will be shared afterward. This strategy helps organizations maintain control over the narrative and prepare for any future tribunal claims.

Audrey Williams serves as an employment partner at Keystone Law.

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