Claire Thomas is managing associate, and Chris McAvoy, Joelle Parkinson, David Rintoul, and Gerri Hurst associates at Addleshaw Goddard LLP. They round up the latest rulings.
In Smith v Trafford Housing Trust  IRLR 86 HC, the High Court held that an employee did not breach his employer's code of conduct by expressing his views on gay marriage on Facebook. The employer was not therefore contractually entitled to demote him. However, since the wrongful imposition of a new contract amounted in law to a wrongful dismissal, damages were limited to loss of earnings during the notice period.
The Court of Appeal has held that an employer's decision to start a second set of disciplinary proceedings after an employee has already been disciplined for the same offence does not automatically render a subsequent dismissal unfair.
HR and legal information and guidance relating to discipline.