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30 August 2006
Blogs warning to employers
A partner with a Dundee-based law firm has warned the country’s employers they will be forced to re-write contracts to cope with Internet blogging, writes Bryan Kay.
Noele McClelland, an employment law specialist with Thorntons, fears the numbers of people sacked for revealing personal, inappropriate or confidential details on their online journals, or blogs, are accelerating at such a pace that the private and public sector urgently need to review procedures.

The latest figures show there are approximately 60 million weblogs worldwide. In Scotland, estimates of the number range between 600 and 6000, with numbers rising rapidly.

Blogging hit the legal headlines when air attendant Ellen Simonetti lost her job for posting inappropriate images of herself in company uniform on her blog, Queen of the Sky.

In the UK, Joe Gordon was sacked by bookstore Waterstones for allegedly bringing the company into disrepute in his satirical blog, The Woolamaloo Gazette.

In 2002, a US web designer was sacked for writing about her employer on her blog, Dooce, leading to a new term being coined — people sacked for blogging are now said to have been ‘dooced’.

Since then, says Ms McClelland, dismissals for blogging have become increasingly commonplace.

It is understood some websites have compiled lists of dozens of ‘blogophobic’ companies alleged to have taken action against employees over their online journals.

Ms McClelland said court cases and complex legal spats emerging from the dismissal reveal that many employers are unprepared.

“The blog culture has grown and evolved as rapidly as the technology that enables it. In many cases it has simply overtaken existing employment and Internet use policies,” she said.

“Blogs and online diaries set out to entertain or provoke. Work can be a frequent topic addressed or referred to. The majority of these references may be responsible or relatively benign, but some will highlight the blogger’s dissatisfaction with their employer or colleagues.

“These are the kind of things that used to be the subject of a quiet grumble or laugh with friends in the pub after work. Blogging means, however, that office gossip can now effectively be published to a worldwide audience of millions.

“At best it may cause nothing more than a minor embarrassment, at worst it has the potential to affect the company's entire corporate image or wipe millions off its share price overnight if a blogger’s revelations are sufficiently detailed or sensitive.

“The size of the business is irrelevant. If an employer relies on good public image as a means to trade, they ought to be considering the potential effects of blogging on their business.”

Ms McClelland says companies should ensure that employees are aware of their responsibilities and rights.