L was employed by Game Retail as a risk and loss prevention investigator, with responsibility for approximately 100 stores. He set up a personal Twitter account and began to follow these stores for work purposes. He was followed in return by 65 stores.
L posted several offensive tweets on his account which were reported to Game Retail. Game Retail dismissed L for gross misconduct.
The Employment Tribunal held that the dismissal was unfair because the tweets were private. On appeal, the EAT observed that although the tweets were from L’s private account, they were publicly visible and the account was followed by fellow employees and customers. It did not matter that the comments did not refer to Game Retail or identify L as an employee of that company.
The EAT remitted the case to a newly constituted ET to reconsider the fairness of the dismissal.
Sarah Rushton (email@example.com)
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