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Posts Tagged: Employment Appeal Tribunal

Social Media: The Termination of Employment

Posted by on January 30th 2015 in Blog Posts, Employment

The use of social media is fast expanding in the workplace. While an employer may legitimately restrict an employee's freedom of expression at work, or in a work-related context, whether that restriction can extend to personal, out-of-work, activities will depend on the circumstances of each case.

The Employment Appeal Tribunal (EAT) has held that an employment judge failed to take full account of the public nature of Twitter when finding that an employee's dismissal for posting offensive tweets was unfair. The judge did not properly consider whether the employee's purportedly private use of Twitter was truly private, given that he was...

Covert Recordings

Posted by on August 22nd 2013 in Blog Posts, Employment

I recently received a call from a client, about an employee who had covertly recorded a disciplinary meeting. My client was understandably aggrieved as they felt that the employee’s actions were underhand and breached their privacy. My client wanted to know whether the recording could be used if there was subsequent Employment Tribunal (ET) litigation.

Covert recordings are not uncommon. They take place in workplace meetings regarding redundancy, performance and disciplinary issues.

The issue of covert recordings has been considered by the Employment Appeal Tribunal (EAT), in the 2006 case of Chairman and Governors of Amwell View School v Dogherty  and recently...