Tracking Devices: Employee dismissed for deleting tracking app

A case has been reported from the US where a woman claimed she has been fired for removing an app from her phone which allowed her employers to track her every move.

 

The App, Xora was used by the company to monitor employees out working in the field. The employee stated she had no problem with being monitored whilst at work, but the app did not differentiate between working hours and none working hours giving her supervisors the ability to track her movements whilst she was not working.

The employee challenged her employers about the issue and they admitted that employees could be monitored and bragged that they knew her specific movements and even how fast she was driving.

The employee believed it was an invasion of privacy and deleted the app from her phone. She stated her employer expected her to ‘tolerate’ the intrusion. Soon after deleting the app she was fired.

If the employee’s account is correct, the matter was handled terribly by the employer. Any monitoring should be proportionate and it would be difficult  if not impossible for an employer to make a case to state that such monitoring of someone’s private life was justified.

 

Any employers considering bringing disciplinary actions against employees who refuse to be monitored in a way which could overlap with their private life should be cautious. Take advice and consider whether there are any other more proportionate ways of monitoring your employee’s behaviour if it is required by the business.

If this was case being heard in the UK, the employer would likely struggle to show that their actions were those of a reasonable employer. Instances of disciplinary relating to tracking devices in vehicles are not unheard of, or cases of misconduct for private social media use, it is therefore not inconceivable that something like this could present itself in the UK.

 

When comments are advertisements….

When comments are advertisements….

Accusation that drinks group encouraged irresponsible alcohol consumption in a tweet highlights social media challenge for business

Businesses must make sure they are not breaching advertising regulations when they update their social media feeds.

The reminder follows the news that Diageo’s Guinness® UK brand has been cleared by the Advertising Standards Authority (ASA) of implying that alcohol could improve a person's week, after a tweet on the brand's social media account was branded “irresponsible”.   

Alcohol Concern filed a complaint with the ASA when @GuinnessGB tweeted a photograph of the brewery gates with the caption, “a good week starts here” as part of a promotional campaign to champion the people working at the brewery.

The tweet was challenged as breaching the responsible advertising code, but the ASA decided that consumers would not confuse the brewery gates with a bar or other social venue where alcohol was consumed. 

“We also noted that the photo was tweeted on Monday,” said the ASA in their ruling. “In this context, we considered that the ad was likely to be interpreted as having a dual meaning: as an expression of opinion from those who worked at the brewery about the week of work ahead and their enjoyment of their work; and as an indication to the public that Guinness, which began its journey to them at the brewery, could be consumed as part of a ‘good week.’”

But the complaint is a reminder to businesses to tighten up their social media policy to make sure they don’t breach advertising regulations, as the boundaries between paid-for advertising and other forms of communication become more blurred. 

"Social media has become a colossus and controlling its use is a real issue for businesses that want to make sure the benefits outweigh the problems," said employment law expert  Elissa Thursfield  of Gamlins Law.  “It’s a medium that relies on speed of response and short, pithy comments, and that’s precisely why it’s a minefield to manage. 

“It’s all too easy to have someone keen to keep the chat going, without thinking about what they are stepping into, such as in this case.   There is also the problem of employees being too quick to voice their own opinions and land their employer in hot water.” 

She added:  "Social media usage by commercial organisations needs constant review and clarification within a business’s marketing strategy and terms of employment.” 

The ASA ruled that the Twitter advertisement did not breach CAP Code rules 1.3 (Responsible advertising), 18.1, 18.3, 18.6 and 18.7 (Alcohol).