Social Media Clause in UK Contracts: What It Means & Example Wording

When to Include a Social Media Clause

• In every employment contract or employee handbook to set clear expectations about acceptable social media use, particularly where employees have public-facing roles
• When employees manage or contribute to the company's official social media accounts as part of their role
• When the business operates in a regulated industry where employee social media activity could create compliance risks

Example Wording

This example wording is illustrative only. Customise it to your specific circumstances and consider seeking legal advice.

Is a Social Media Clause Enforceable in the UK?

Social media clauses are enforceable provided they are reasonable and proportionate. UK employment tribunals have upheld dismissals for social media misconduct where the employee's posts breached confidentiality, caused reputational damage, or constituted harassment. However, employers must act proportionately — the ECHR right to privacy (Article 8) and freedom of expression (Article 10), given effect through the Human Rights Act 1998, impose limits. Blanket bans on all social media activity are unlikely to be reasonable. Disciplinary action should be proportionate to the seriousness of the breach.

Common Mistakes

• Attempting to control all personal social media activity — employees have privacy rights, and restrictions must be limited to what is reasonably necessary to protect the employer's legitimate interests
• Not specifying what 'bringing the company into disrepute' means — vague standards make it difficult to enforce the clause fairly and consistently
• Failing to distinguish between personal and professional social media use — different rules may apply to posts made from the company account versus the employee's personal account