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This is a tricky debate to settle on, but I think it all comes down to two main points: what are these sites used for and when are they used?

WHAT ARE THEY USED FOR?

If the main reason for the site is to criticise your boss or the company you work for, surely there's something wrong with this. There are ways of airing grievances and resolving conflict and this isn't by putting them in the public domain.

Also, by actually accusing people by name, you leave yourself open to libel and defamation cases. As a published source, the internet is not exempt from libel laws and by breaking the law, you could have to pay substantial damages.

On the other hand, general comments as long as they don't explicitly mention organisations and real-life situations as long as they don't refer to an individual or group by name or explicit reference should be allowed. This is the fine line of the law.

WHEN ARE THEY USED?

Similarly, the sites should be used at responsible times. If employees are using work time for social networking online, then there may be a case for dismissal. However, if the individual used their own computer and accesses these sites in their own time, what right has the employer got to sack them?

We need to be careful we're not moving into a "nanny state" where rules and regulations govern everything we do. And we need to claim back the rights of the employee in these situations. It's about time some employers used common sense in the same way they ask employees to use theirs.

This question is as much about responsibility as liability. Both employee and employer need to be responsible in their approach to internet use, blogging and websites. If it's wrong for the employee to use these sites, what right does the employer have to check up on them in the first place? Either both are liable for infringing security, data protection laws and human rights or neither are. It can't only work one way.

Overall I would have to say it's wrong for workers to be fired for using these sites, unless there is a very, very good reason. And in many cases, it seems there isn't.

Learn more about this author, Ben Hughes.
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