This employment tribunal decision centres on the claimant's misuse of his work internet and email, and his employer's decision to dismiss him on the basis that the misconduct led to a breakdown in trust and confidence.
In Usdaw v Ethel Austin Ltd (in administration); Usdaw and another v Unite the Union and others  IRLR 686 EAT, the EAT held that s.188 of the Trade Union and Labour Relations (Consolidation) Act 1992 must be read so that the requirement for collective redundancy consultation is not limited to individual establishments where it is proposed to make 20 or more redundancies within 90 days.
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.
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