The British Waterways Board (t/a Scottish Canals) v Smith EAT/0004/15

Reports relating to this case:

  • Unfair dismissal: Dismissal for Facebook comments was fair

    Date:
    2 January 2016

    In The British Waterways Board (t/a Scottish Canals) v Smith EAT/0004/15, the EAT allowed an appeal against a tribunal's finding that the dismissal of an employee for posting offensive Facebook comments about colleagues and about drinking while on standby was unfair. The tribunal had substituted its own view of the seriousness of the conduct for that of the employer.

  • Unfair dismissal: no special rules apply to Facebook misconduct cases

    Date:
    7 August 2015

    In the first Scottish appellate decision on Facebook misconduct, the EAT has held that ordinary principles of law apply. The EAT held that the employment tribunal had erred in law and substituted its own views for those of the employer.