'If a company clearly communicates its culture and values at the outset, employees will not be caught by surprise,’ says employment lawyer offering tips for HR
Incidents that unfold far from the boardroom are knocking on HR’s door. Bar‑room scuffles, viral rants and divisive online posts can all feed public perception before any internal memo circulates.
For employers, the question is no longer whether private conduct matters, but how fast it turns into reputational and legal risk that demands a response.
Recently, a Tesla manager’s firing after he criticised Elon Musk on LinkedIn spread like wildfire in a matter of hours, proving that a single off‑duty post can derail both career and corporate image.
To explore how Singapore employers can meet that urgency, HRD Asia spoke with Celeste Ang, Principal in the Dispute Resolution and Employment practice groups at Baker McKenzie. Wong & Leow.
“Generally, the more senior employees are held to a higher standard, and what they do, even if it’s out of work, reflects on the organisation,” Ang says.
Executive contracts, therefore, forbid conduct that could “bring the company into disrepute,” no matter where it occurs, she says.
Social platforms intensify that expectation.
“Nowadays, everybody turns to social media for everything,” Ang says, so one careless video can lead the public to question whether the employer condones the behaviour.
In such an environment, every staff member, especially leaders, must “act like a brand ambassador,” she says, even after they leave the office.
A recurring flashpoint is the informal gathering that follows a sanctioned company event. A manager steers the team to a second venue, drinks flow, and sound judgment may fade.
Even though the official programme has ended, “a manager should not condone activities which may seem to be irresponsible,” Ang warns, and companies will consider appropriate disciplinary action if the link to the organisation becomes clear.
Travel offers no safe harbour. “The fact that it is a retreat and you’re overseas doesn’t make the conduct less culpable,” she explains.
Meanwhile, romantic relationships with built‑in power gaps present another hazard. “Employees often insist, ‘It’s consensual; it’s our private life,’ yet the employer has the duty to assess whether the intimacy is truly voluntary or whether any bullying or harassment is at play,” Ang says.
Thus, the employer’s duty to provide a safe environment does not stop at the exit door.
For Ang, the safest approach is preemptive action. “Set expectations up front,” she says.
Conduct codes should specify appropriate colleague interactions, warn against conflicts of interest, and restate decorum requirements even at a Saturday night barbecue.
Employees sometimes respond by avoiding out‑of‑office social contact. Ang’s answer is direct: “If a company clearly communicates its culture and values at the outset, employees will not be caught by surprise” when its policies mirror those values.
By making the rules unmistakable, employers reduce claims of unfair surprise when discipline follows.
Robust frameworks rest on four pillars. First, a comprehensive conduct code that covers on‑site and off‑site behaviour, including guidelines on responsible alcohol use and anti- bullying and anti-harassment guidelines.
Second, social‑media guidelines explaining, in Ang’s words, “what you should or should not communicate” when the employer is identifiable, and when personal disclaimers are required, for example, to label personal opinions clearly when using public models .
Third, a communications policy extending the same principles to press interviews, webinars, podcasts, and emergent platforms.
Fourth, a carefully worded disrepute clause for senior staff that holds leaders to visible standards without prying into legitimate privacy.
Communication of company values and culture is crucial.
“When a prospective hire looks at your website, they should already see the culture and values of the company,” Ang notes, so transparency should begin at the recruitment stage.
Flexible schedules blur temporal limits just as generative AI blurs publication boundaries. “You can tell staff not to post sensitive data online, but what about prompts fed into an AI tool that later surface publicly?” Ang asks.
Employers would benefit from AI‑specific usage policies directing staff not to upload confidential data onto AI platforms.
She advises running regular audits and to monitor AI activity; any breach triggers the same inquiry steps used for social media contraventions.
Off‑duty misconduct often involves shades of grey, making a due inquiry process crucial. If an employer is considering any form of disciplinary action up to termination, a due inquiry should be held.
“The law recommends that a due inquiry be held if an employer is considering dismissal. Some companies have grievance or disciplinary policies. If an employer has such policies, then [they] must be followed,” Ang says.
“As a general best practice, I would say, regardless of whether it is a matter of law or whether it is because due inquiry is mandated by your policies… You should definitely follow some due process, because such due process also protects the employer.”
You must be prepared to show that the outcome is warranted by the facts of the employee’s case.
“In the event that the employee challenges the decision, the employer may then justify the decision. It's part of evidence collection and is good practice in any event.”
Even a mild reprimand, she adds, “benefits from structure,” since it shows the company weighed evidence and applied its policies faithfully.
Ang sums up her counsel in three imperatives: communicate standards clearly, educate and train staff repeatedly, and enforce rules consistently.
Organisations that neglect any element risk severe reputational harm and costly and time-consuming disputes, while those that invest in clarity build both trust and resilience.
“If you expect your employees to behave in a certain way, then you need to make sure that you set expectations and communicate. It's about making sure you [have] clear policies, and training. Then nobody can say, ‘I didn’t know’ or ‘it wasn't clear to me that I couldn't do this,’ for example,” Ang says.
“Maintaining that two-way communication is quite important."
