With summer now officially over, we set out below some important
updates to be aware of as the 'back to work' period
begins.
Employers may be able to dismiss, lawfully, for
derogatory comments made on social media The Employment
Appeal Tribunal ("EAT") has found the dismissal of an
employee by the British Waterways Board ("BWB") for
making derogatory comments concerning his supervisors to be lawful.
The comments made by the employee, which were particularly
colourful in places, came to light two years after they were made
on social media. As they were in breach of BWB's disciplinary
and social media policies, the employee was dismissed for gross
misconduct. Initially, the BWB was found by an Employment Tribunal
to have unfairly dismissed the employee but, on appeal, the EAT
held that the dismissal was within the band of reasonable responses
and it would be wrong for an Employment Tribunal to substitute its
own views. Whilst every dismissal will turn on its own
