George's tweet, posted on 10 November, concerned firearms officer Martyn Blake, whom a jury cleared of murdering an unarmed man, Chris Kaba, on 21 October 2024.
The tweet compared Blake’s treatment following the incident with that of black and Asian officers, stating: “Regardless of your feelings on the case, this will come as a slap in the face to the disproportionate number of Black officers under investigation for misconduct and being held back in their own careers! No doubt an impact on Black Londoners as well”.
George told the Guardian that the decision to place him under investigation “sends a chilling message” and “stifles free speech”.
If employers and HR professionals want to monitor comments in the workplace, they should have a genuine reason to do so, according to Lucie Garvin, an advisor at Advisory, Conciliation and Arbitration Service (Acas), a public body that assists with work-related issues.
Garvin told HR magazine: “It would usually be expected that staff are fully informed of any monitoring. Employers must ensure data protection law is followed; this should be included in any policies and procedures.
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“Employers should establish a social media policy which clearly sets out what is and isn’t acceptable behaviour, and what employees should not say about the business. It should be clear about the distinction between business and private use of social media.”
Phil Floyd, head of investigations at workplace relationships specialist CMP, added that employers should implement a workplace policy that ensures all employees are aware of what they are permitted to post on social media.
He told HR magazine: “An organisation’s policy on what’s appropriate in terms of social media use by employees is the key here.
“The policy must be clear and unambiguous so that there is no room for misunderstanding, and it must be legally sound given the sensitivities around effectively curtailing an individual’s freedom of speech.”
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Floyd emphasised that although Article 10 of the Human Rights Act protects the freedom of speech, which includes expressing views on social media. Authorities can restrict this right, if they can show it is necessary to do so, under a ruling by the Equality and Human Rights Commission.
Employees are free to criticise their employers or colleagues, according to Tim Kingsbury, associate practitioner at workplace relationships specialist, CMP, but if they cross boundaries then an employer is permitted to take action.
Speaking to HR magazine, Kingsbury said: “An employer is entitled to take disciplinary action over an employee’s social media posts that bring or could bring the employer into disrepute, or are offensive or discriminatory, or that leaks confidential information, or online behaviour that undermines or breaches the obligation of mutual trust and confidence between the employer and employee.”
