When can employers fairly dismiss employees for comments made on social-networking sites?

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Two recent Employment Tribunal decisions have made findings of unfair dismissal where employees had been dismissed for comments made on social-networking sites. The cases illustrate how the rise of social media can cause significant problems for employers, as employees’ use of these sites is blurring the lines between ‘private’ and ‘public’ and complicating the status of comments that are related to work, yet are made outside of the workplace (Kass v Gillies and Mackay Ltd — ‘The Facebook case’ and Mason v Huddersfield Giants Rugby League FC — ‘The Twitter case’)…

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