Can you be fired for being on LinkedIn or on a Job Board?

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In January I commented about the case of John Flexman http://www.grlaw.co.uk/putting_your_cv_on_a_job_board_is_dangerous_to_your_career.html who had brought a case of constructive dismissal after his employer forced him to resign because they say that he breached his contract of employment by having the ‘Contact for Careers Opportunities’ on his profile. This is the default setting and many people do not consider switching this off when they set up their profiles. We feel that given most people are not even aware of this default the decision to fire him for this is grossly unfair. If he was naïve enough to state publicly that we was interested in career opportunities that must be his right and a company policy limiting this must be an infringement of his human rights and/or a restraint of trade.  The other reason he was disciplined was because the company claim that he breached their policies on confidentiality by saying that as an HR Manager he reduced the attrition rates at his employer.  We made the point that you have to be aware of what you are putting on to LinkedIn as it is a public forum and even more so if you put your cv on a job board. Do not do this unless you are prepared for your employer to see it!!

I have been looking out for the tribunal’s decision on this case but it has been adjourned until 15 May. If it is not settled and finally decided at the tribunal I’ll bring you the end of the story! However, whatever the outcome of the case, do not put your cv on a job board and be mindful of the pitfalls of LinkedIn.  My suggestion if you are looking for another job is to register with a reputable recruitment consultancy who will keep your job hunting confidential.