Policeman who posted crude messages on Facebook fined

Common complaints by employers include employees spending vast amounts of time surfing personal sites, and employees visiting inappropriate sites using work facilities (and in doing so exposing their employer's IT systems to additional threats and viruses). Further complications may arise where an employee forwards inappropriate material (for example, with pornographic content) to other employees. Or where an employee uses a social networking site such as Facebook to make inappropriate comments about another person, which is precisely why Exeter policeman Nestor Costa found himself facing disciplinary action.

According to recent reports in November 2007 PC Costa posted various comments on Facebook including one in response to video clips of people being restrained and arrested by police officers. Above a clip showing a youth pulling out a knife while in a custody suite, before being restrained, he wrote 'Look at this stupid c***, hope he got a good f****** shoring in the cells'. He then added 'Remember, let's not be so soft on these c**** out there'.

After being suspended on full pay for 12 months from his £29,000 a year job PC Costa was fined three days' pay. The sanction meted out to the PC, who has now returned to work, has angered some as being too lenient. The length of time that it took for PC Costa's case to be dealt with, and the consequent expense has also caused frustration.

Such behaviour is an example of an act which may, depending on the circumstances of the individual case, constitute gross misconduct punishable by summary dismissal.

See XpertHR's employment law reference manual Unfair dismissal: rights on termination (subscription required) for guidance on achieving a fair dismissal in misconduct cases, and XpertHR model policies and documents section for relevant model policies: policy on social networking websites, E-mail and internet policy for employees, and Policy on personal websites and weblogs (subscription required).