Social media mishaps – an employers guide to managing employee social media posts

With nearly half of UK employees admitting they’ve knowingly posted risky content on social media in recent research by CyberArk, it’s clear that employers face growing reputational and legal risks from online behaviour beyond the workplace. But what exactly can employers do to protect their business, and where are the legal limits?

The starting point is to have a clear, well-communicated social media policy. This should explain what is and isn’t acceptable, covering issues like posting confidential information, inappropriate content, or anything that could damage the employer’s brand. The policy should apply to both work-related and personal accounts, as long as there’s a connection to the workplace. Including social media expectations in employment contracts and handbooks also helps to reinforce the message.

Training is another important tool. Too often, employees simply don’t understand the consequences of what they post. Providing real-life examples and making the risks clear can encourage more responsible behaviour. Managers and senior leaders should also lead by example in how they conduct themselves online.

That said, employers must tread carefully when taking action. Monitoring social media use, especially outside work hours, can raise data protection and privacy concerns. Employers need to ensure any monitoring is proportionate, transparent, and compliant with UK GDPR rules. If disciplinary action is needed, it must follow a fair process. Employees should be given a chance to explain themselves, and the response must be reasonable and consistent with how similar matters have been handled in the past. A knee-jerk reaction could result in an unfair dismissal claim.

Discrimination risks also need to be considered. If a policy is applied inconsistently or appears to target certain individuals based on protected characteristics like religion or political belief, this could lead to legal action. Fair, consistent enforcement is key.

Finally, communication is everything. Policies should not be buried in a staff handbook but openly discussed and revisited. Encouraging dialogue, listening to concerns, and even recognising positive employee contributions online can help build a more constructive and compliant digital culture.

The law gives employers tools to manage risk, but heavy, handed or inconsistent action can backfire. With a balanced approach and a focus on education, businesses can protect both their reputation and their people.

We’re increasingly working with businesses that find themselves exposed by something an employee has posted online - sometimes intentionally, but often not. Whether it’s reputational damage, a breach of confidentiality, or inappropriate content, the risks for employers are real and growing.

What’s often misunderstood is that this isn’t just about social media policies sitting in a handbook. It’s about educating employees, applying rules fairly and consistently, and knowing where the legal boundaries lie, especially when it comes to privacy, monitoring, and dismissal.

As employment lawyers, we help employers strike that balance. It's not about being heavy-handed but being clear, proportionate, and legally sound. With so much of our working and personal lives now playing out online, this is an issue that’s only going to become more pressing for employers of all sizes.