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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.
A model letter confirming a disciplinary sanction other than a warning or dismissal.
The High Court has upheld a breach of contract claim against a housing trust that demoted a Christian manager who said on Facebook that holding civil partnership ceremonies in churches is "an equality too far".
Good practice guidance discussing managing disciplinary issues, including disciplinary rules and procedures, setting up disciplinary interviews, the right to be accompanied, warnings, appeals, dismissal and dealing with misconduct that is suspected but not proven.
In this unusual case, an employee was dismissed and offered reinstatement on appeal, before purportedly resigning due to the terms of the reinstatement.
HR and legal information and guidance relating to demotion as a disciplinary penalty.