The post in question featured an emoji that was later found to have historical references to antisemitism. Lineker apologised, said he had not appreciated the symbolism of the emoji, and removed the post.
This incident likely led to internal discussions between employer and employee.
A recurring theme: lessons from the 2023 suspension
This is not the first time that Lineker has found himself in the spotlight over social media use. In 2023, a similar issue arose, and the BBC temporarily suspended Lineker while it investigated further.
While the BBC ultimately chose not to dismiss him at that time, it is unclear what disciplinary sanctions (if any) may have been applied — these could have ranged from a verbal warning to a final written warning.
Policy in practice: the BBC’s response
In the wake of the 2023 incident, the BBC took steps to revise and strengthen its social media policy. It introduced stricter rules, particularly for presenters of flagship programmes such as Match of the Day. The updated guidance emphasised that such presenters have “a particular responsibility to respect the BBC’s impartiality”.
When Lineker made his recent post, even if the intent was not malicious, the updated policy gave the BBC grounds to take a firmer stance. This highlights the value of having clearly defined and enforceable social media policies, both for transparency and legal protection.
Why social media policies matter
This story is a prime example of why every organisation should have a robust and up-to-date social media policy in place. Such policies are often overlooked or sometimes under-prioritised, seen as optional extras rather than key risk management tools.
In practice, however, they are critical. Posts are often made in haste and regretted later, as may have been the case here. But for employers, the reputational damage may be immediate. A well-drafted social media policy helps ensure there are clear expectations and consequences, allowing you to act consistently and lawfully.
Social media policies are not just about regulating what is said on a company’s own channels. They also help address:
- personal posts made by employees that may identify them as working for your organisation
- risks of breaching client confidentiality through images or text
- harassment, bullying or discriminatory content
- damage to brand reputation through controversial or inflammatory statements
Legal insight: disciplining employees for social media misuse
UK employers must follow a fair process when disciplining staff, including for conduct on social media. Here’s what to keep in mind:
Investigate
Establish the facts and gather evidence of the post, including context and any related conduct and any impact this may have on the company’s reputation.
Policy reference
Was the employee aware of the content of the policy?
Proportionality
Ensure the disciplinary response is proportionate to the misconduct-what options are open to you as an employer? Follow the disciplinary process (if this is the action you take).
Right to reply
Give the employee a fair chance to respond during the meeting and consider the options.
Consistency
Treat similar breaches in the same way to avoid claims of unfair treatment.
If the post causes serious reputational harm or breaches confidentiality, dismissal may be a fair outcome, but only if a fair process is followed and the policy is clear.
Checklist: key questions for employers
- When were your policies last reviewed? Are they still fit for purpose in today’s social media landscape?
- Do your employees post online? Even outside work hours?
- Do their personal pages identify your organisation as their employer?
- Are there clear restrictions on what they can post?
- Could they inadvertently breach confidentiality or professionalism, e.g. by sharing a client photo or internal information?
Social media continues to be a fast-moving and risk-laden area for employers. As this case shows, the consequences of online posts, intentional or not, can be serious. A clear, well-communicated policy is your best defence.
If you’d like help reviewing or drafting a social media policy or have questions about managing a related issue in your business, our employment law team would be happy to help. Contact us on 03456 465 465 or email enquiries@rotherabray.co.uk for a complimentary policy review.
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Disclaimer: This blog is for information only and does not constitute legal advice. If you need legal advice, please contact us on 03456 465 465 or email enquiries@rotherabray.co.uk to get tailored advice specific to your circumstances from our qualified lawyers.
