UK: First employee brings a case for dismissal because of his profile on LinkedIn

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John Flexman (34) is the first Briton who brought a case against his former employer because of constructive dismissal caused by the publication of his CV on the LinkedIn social network. He claims hundreds of thousands of pounds from a major gas company BG Group, for which he worked as an HR manager, The Daily Telegraph reported.

Flexman set up his profile on LinkedIn including CV and ticked a check box to register his interest in "career opportunities". During his holidays that he spent in the United States he was contacted by his supervisor with a n order to remove the CV. After returning, an internal disciplinary procedure for inappropriate use of social networks waited for him. The result was a list of disciplinary actions and a threat of dismissal if he do not delete everything except the name and duration of his job at BG Group from the profile. Flexman therefore decided to use his legitimate right to resign (called constructive dismissal). It means to leave the company due to misconduct of the employer and have the right to claim compensation for unlawful dismissal.

BG Group argues by violation of internal rules on conflicts of interest that occurred when Flexman checked the box with interest in career opportunities. In addition, the company accuses him of publishing internal information in the CV. Flexman's defense is that the information about how he managed to reduce the natural decline in employees is public for all, since it was published in the company's annual report. He also states that 21 of his colleagues including manager of the disciplinary proceedings ticked the same box on LinkedIn and were not investigated.

The case aroused scientific interest and generated a wider public debate about the use of social networks by employees. The outcome of the case is not yet known because the hearing has been adjourned.

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Article source Telegraph.co.uk - common website of the British newspapers The Daily Telegraph and The Sunday Telegraph
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