My employee has gone viral: Can I sack them for TikTok success?

13 October 2026

In today’s digital world, social media has become a part of everyday life, with many people sharing everything from their holiday highlights to their workplace frustrations online.

For employees, posting on social media can be a harmless way to unwind after a long day at work. For employers, however, an employee’s online activity can sometimes create an unexpected employment law headache.

TikToker Spencer Hunt went viral for his ‘daily screams’, where he vents his frustrations about everyday life and work by simply screaming into his phone.

His videos have struck a chord with viewers, who often describe the content as relatable and share their own workplace frustrations in the comments.

While this kind of content may seem like harmless entertainment, it raises an important question for employers: What happens when an employee takes their workplace frustrations online?

Can I sack someone because of their online presence?

If an employee has been sharing harmful content online, you may have grounds to dismiss them, but only under certain circumstances.

The first is if the posts cause reputational damage to the business. If the post identifies the company and risks harming, or does harm to, the reputation or brand of the business, employers can have grounds for dismissal.

Secondly, if the posts violate a clear social media policy, employees may be able to be dismissed. Employers have the right to dismiss an employee if their content breaches a clear and communicated social media policy.

There should also be consideration of the type of content. If the employee is harassing or bullying colleagues, clients or management with offensive or discriminatory content, they can be at risk of dismissal.

Understanding what can be a sackable offence is important for employers who are trying to understand their options.

What considerations must employers understand?

Before taking action, employers should consider the wider context of the posts and whether dismissal would be a proportionate response.

An employee posting from a personal account, outside working hours, does not automatically give an employer the right to take disciplinary action.

However, the position may change if the employee identifies their employer, discusses colleagues or clients or creates a clear connection between their online activity and the workplace.

Employers should also consider an employee’s right to express personal opinions outside of work.

Not every critical, embarrassing or negative post will amount to misconduct, and the fact that an employee has attracted a large audience is not, by itself, grounds for dismissal.

The content itself is also important. Employers should consider what was said, who could see it, whether the business or individuals could be identified, and whether the post caused actual or potential harm.

What can employers do?

Before dismissing an employee, employers should investigate the circumstances properly and follow a fair disciplinary process.

This should include reviewing the relevant posts, considering the employee’s explanation and checking the employment contract, staff handbook and social media policy.

Employers should also consider whether their rules were clear and whether the employee could reasonably have understood that their conduct might lead to disciplinary action.

A consistent approach is also important. Treating similar cases differently could create further legal risk.

How can Mander Hadley help?

Understanding the correct procedures when discussing grievances over social media posts is imperative for both employers and employees.

Our team can help you craft social media policies to ensure a uniform approach and if that isn’t enough, we can offer advice on disciplinary and dismissal procedures should the policy be ignored.

For support with social media presence in the workplace, get in touch with our team.