Platforms such as TikTok, Instagram, Twitter and LinkedIn have become spaces where personal conduct can influence the work environment. The use of these networks as evidence to justify sanctions, even dismissals, is an aspect that companies are considering more carefully.
Recently, there have been four rulings that declare dismissals appropriate for uploading content on TikTok in the following situations: Within the workplace, for creating videos talking badly about customers, also for uploading videos of dancing while the person was on sick leave due to low back pain, and finally for creating content doing somersaults on an elastic leg, while on sick leave due to a dislocated fibula.
- Judgment of the Superior Court of Justice of Castilla-La Mancha of October 17, 2023. No. of Appeal: 585/2023 No. of Resolution: 1418/2023
- Judgment of the Superior Court of Justice of Asturias dated 10/18/2022 Appeal No.: 1821/2022 Resolution No.: 2044/2022
- Judgment of the Superior Court of Justice of Madrid dated 30/03/2022 No. of Appeal: 111/2022 No. of Resolution: 267/2022
- Judgment of the Superior Court of Justice of Castilla y León of September 29, 2022. No. of Appeal: 555/2022 No. of Resolution: 644/2022
The difference between public and private content is crucial. In the context of a justified dismissal for social media posts, it is necessary to distinguish between what is shared publicly and what is restricted. The privacy settings and the nature of the posts play an essential role in assessing the seriousness of the facts.
It is important to bear in mind that the use of social media as evidence for disciplinary action may conflict with fundamental rights, such as privacy and freedom of expression. Each case must be assessed individually, considering the specific circumstances to ensure that no employee's rights are violated.
In the workplace, recording videos or images on company premises is another delicate aspect. The company must have clear corporate policies that indicate the restrictions or prohibitions on the dissemination of audiovisual content within the premises. These policies may address the prohibition of recording in designated areas, or also the dissemination of content generated within the company.