Spain: Use of Social Media During Work Hours

This case concerns an employee working as a cleaner in schools in Barcelona. After some time, the company received reports revealing significant deficiencies in the areas where the employee was working.

Following these reports, the company carried out an investigation into the employee’s public social media activity. It discovered that between December 2023 and February 2024, dozens of videos had been posted showing the employee inside the school, in uniform, including footage of school corridors where she appeared dancing or singing.

The employee argued that such conduct should, at most, be considered a minor offence. However, the Court held that the dismissal was justified, on the basis that:

• There was an express prohibition on the use of mobile phones.
• The number of videos was significant, meaning the conduct could not be considered isolated but rather constant and repetitive, and therefore incompatible with the proper performance of duties.
• The company’s reputation was at risk, as the school and the employee’s uniform appeared in the videos.

Taking all of the above into account, the Court concluded that the employee’s conduct was serious, culpable, and repeated.

This judgement will be particularly relevant going forward, as it supports dismissal based on the mere use of a mobile phone during working hours, although in this case the decisive factor was the reputational risk for the company.