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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 44878
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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We have a Deputy Manager who told all on Facebook ( our own

Customer Question

We have a Deputy Manager who told all on Facebook ( our own staff see it ) that he has an interview with another company and has got through to the second interview stage.
Can he be disciplined for this?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is ***** ***** it is my pleasure to assist you with your question today. How long has he worked there for?
Customer: replied 1 year ago.

He has 20 years service. He currently has a final written warning for poor performance.

Expert:  Ben Jones replied 1 year ago.
Hello, sorry I was offline by the time you had replied. The act of looking for a new job is not in itself a cause for misconduct. Employees are free to move between employers and you cannot penalise someone for seeking alternative employment, even if he is open about it.
Also just because he has broadcast this on Facebook, is again not automatically going to amount to a disciplinary offence. It may be if his actions have clearly unsettled the workforce but that may not be that easy to prove unless there is clear evidence that it has happened. Even then, as mentioned he is legally entitled to look for other employment and discuss it with his colleagues if he wanted to so cannot really be penalised for it.
If you are looking to discipline him with a view to dismissal then you need to be quite careful in the circumstances. He has very long service and is protected against unfair dismissal so using this as a reason for dismissal could be unreasonable and potentially get you into trouble if he decides to challenge it. If you want to give him a verbal warning you may do so but try not to use this as a way to get him dismissed.
I hope this has answered your query. Please take a second to leave a positive rating, or if you need me to clarify anything before you go - please get back to me and I will assist further as best as I can. Thank you

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