Follow us

It may be fair to dismiss an employee for posting offensive tweets on a personal Twitter account in the employee's own time, depending on the facts.

In this case the employee had allowed his tweets to be publicly visible and had also permitted 65 of his employer's stores to follow him on Twitter such that their staff and potentially customers could be reading his tweets. On these facts, the tweets could not be considered to be private. The EAT also considered that there was no requirement that tweets actually cause offence if they might do so, nor is it a requirement that the tweets contain derogatory comments about the employer. Whether dismissal is within the range of reasonable responses and therefore fair will depend on the facts.

The case serves as a reminder to employers to review their social media policies. Clear expectations should be set out as to the use of both personal and work-related social media and the potential sanctions for breach. (Game Retail Ltd v Laws)

Related categories

Key contacts

Samantha Brown photo

Samantha Brown

Managing Partner of EPI (West), London

Samantha Brown
Steve Bell photo

Steve Bell

Managing Partner - Employment, Industrial Relations and Safety (Australia, Asia), Melbourne

Steve Bell
Emma Rohsler photo

Emma Rohsler

Regional Head of Practice (EMEA) - Employment Pensions and Incentives, Paris

Emma Rohsler
Andrew Taggart photo

Andrew Taggart

Partner, London

Andrew Taggart
Fatim Jumabhoy photo

Fatim Jumabhoy

Managing Partner, Singapore, Singapore

Fatim Jumabhoy
Barbara Roth photo

Barbara Roth

Partner, New York

Barbara Roth