Durham, UK — A Zimbabwean care worker has lost her case against Durham County Council after being dismissed for historic Facebook posts that were deemed offensive by her employer despite being posted before she was hired.
Mrs Memory Mwarowa, who worked as a reablement worker, was dismissed in 2023 after her employer uncovered Facebook posts made during the COVID-19 pandemic which questioned lockdown policies and contained comments some colleagues found inappropriate. These posts were printed and presented to her during a disciplinary hearing, which she described as “intimidating and humiliating.”
The tribunal accepted that Mrs Mwarowa had no prior disciplinary record, had not posted anything offensive during her employment, and that her posts were personal opinions made in a private capacity before she was hired.
Yet, in a judgment delivered by Employment Judge Pritchard, the tribunal ruled that although the dismissal process was procedurally flawed, Durham County Council had acted within the bounds of reasonableness in sacking her. The tribunal found her behaviour “incompatible with the values expected of someone in a caring role.”
“The decision was harsh and lacking in compassion,” the judgment acknowledged, “but not outside the range of reasonable responses available to the employer.”
Mrs Mwarowa had argued that the disciplinary hearing failed to give her sufficient notice, and that she had been ambushed by material that she had not been allowed to prepare for. The tribunal agreed the process was unfair and awarded her a basic compensation payment for procedural unfairness, but stopped short of awarding reinstatement or damages for wrongful dismissal.
Social Media Warning
The ruling has sparked debate about freedom of speech, online expression, and employer overreach in the age of social media. Labour rights advocates warn that this case sets a concerning precedent, where individuals can be disciplined for opinions shared years before employment even if they were not illegal or made during working hours.
Mrs Mwarowa, who had moved to the UK from Zimbabwe to contribute to the social care sector, told the tribunal she felt “targeted and humiliated” by the process.
Caution for Migrant Workers
Legal experts say this case is a cautionary tale for migrant workers, especially in the care industry, who often lack strong union protections or familiarity with UK employment law.
“This judgment shows how social media posts even old ones can be weaponised against migrant workers in the UK,” said an employment rights solicitor familiar with the case. “Care workers should be especially cautious, as expectations of ‘professional conduct’ are now extending into their private lives.”
Employer Response
Durham County Council declined to comment on the case but maintained that “all disciplinary actions are taken in accordance with internal HR policy and in the interest of maintaining public trust in frontline services.”
Key Takeaways
- Mrs Mwarowa was dismissed for Facebook posts made before her employment.
- Tribunal ruled the procedure was unfair, but the dismissal was lawful.
- Workers are reminded to consider how past social media activity may impact current jobs.
- Calls grow for clearer protections around freedom of expression in employment law.
