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Jenny
Jenny, Solicitor
Category: Law
Satisfied Customers: 6390
Experience:  Qualified Solicitor specialising in Employment Law and general legal matters. Please start your question For Jenny Only
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I am a contractor at a care company and recently the company

Resolved Question:

I am a contractor at a care company and recently the company received a complaint from a carer that I sent them a 'poke' on social media namely Facebook.
My question is what happens outside of work on a Social Media site and something as innocent as a 'poke' or 'nudge' not a message or friend request, can this be taken seriously by the company as its no way in connection with the company?
If I was to do a similar action to other staff members can the company really get involved or is it down to the individual to either accept my friend request / nudge or block me?
Cheers,
Shaun
Submitted: 2 years ago.
Category: Law
Expert:  Jenny replied 2 years ago.
Hello my name is ***** ***** I am happy to help you today. Has the care company taken action against you as a result of this?
Customer: replied 2 years ago.

Hi Jenny,

The company has taken the complaint seriously and informed me I am not to contact any member of their staff on Facebook.

The problem is I am actually personal friends of some of the carers outside of the company and have them on my friends list already.

I know this probably sounds very petty but I want to ensure I am getting the correct legal advice.

Thanks,

Shaun

Expert:  Jenny replied 2 years ago.
Ok do they have a policy to state that you cannot be friends with any of their staff? Have you raised the issue with them that you are personal friends with some of their staff?
Customer: replied 2 years ago.

Hi Jenny,

They do not have any such policy in place. Yes they are aware that some of them are already friends of mine on facebook.

The lady in question that placed the complaint agreed I did not know her personally and sent this 'nudge' / 'poke' just as a friendly gesture. However her complaint to the company resulting in them requesting I am not allowed to contact 'any' of their care staff.

Cheers,

Shaun

Expert:  Jenny replied 2 years ago.
It is reasonable for them to ask you not to contact any of their staff, it is not reasonable for them to ask you to unfriend people you have known outside of the working environment.
If you are a contractor the risk you take if you do continue to do this is that they may just stay they no longer require your services and there is very little you would be able to do about it if they did.
I realise that this may seem a bit over the top but employers are being quite hard regarding issues surrounding social media and if they are not a public sector employer (which I asssume they are not) you do not have protection of the Human Rights Act to assist you.
If you have any further questions please do ask. If I have answered your question I would be grateful if you would take the time to rate my answer Thank you and all the best.
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