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United Kingdom repudiatory breachsocial media conductmeasure

Smith v Trafford Housing Trust

[2012] EWHC 3320 (Ch)
JurisdictionUnited Kingdom
CourtHigh Court of Justice, Chancery Division
Year2012
StatusPersuasive authority

Key Principle

An employee's moderate expression of personal religious or political views on a private Facebook page is not, without more, made on the employer's behalf and does not amount to misconduct, so demoting him for it is a repudiatory breach of contract; but a wrongfully demoted employee's contractual damages are confined to losses over the notice period.

Area of Law

General

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