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 employment tribunal held that the claimant was fairly dismissed after making threats on Facebook to a colleague who had reported him to the employer for his frequent references to his workplace as "Dante's Inferno".
The European Court of Human Rights has held that a Christian employee's right to freedom of thought, conscience and religion under art.9 of the European Convention on Human Rights was breached when the UK courts found that she was not discriminated against by British Airways' uniform policy, which prevented her from wearing visible items of jewellery at work.
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