Q Can the nursery be responsible for messages or images posted by staff on social media?
A Yes, if the offending act takes place in the course of employment. But there is no clear rule on defining the connection between practitioners’ actions and their employment.
In a recent case, a claimant alleged harassment, victimisation and discrimination arising out of an image that a work colleague had shared on Facebook. The image was not posted while at work, the colleague had used her own computer, the post made no reference to her place of work and the image was posted to a group of friends that did not include the claimant. In this instance, it was ruled that there was an insufficient link to employment.
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