A Northern Ireland case which looked at the ever-growing number
of issues caused by social networking.
Mr Teggert posted offensive sexual comments about a female
colleague on Facebook. These provoked online comments from Mr
Teggert's Facebook friends, some of whom also worked at
Teletech. This was reported to Teletech and, after a disciplinary
hearing, Mr Teggert was dismissed for gross misconduct. The reasons
were that the Facebook post amounted to sexual harassment and
brought Teletech (named in the post) into disrepute.
Mr Teggert unsuccessfully appealed the decision and brought a
claim for unfair dismissal and for violation of his human rights.
He lost. Some of the key points of the tribunal's decision
Mr Teggert's actions satisfied the definition of
harassment can occur where comments are directed to
the employer's decision to find Mr Teggert guilty of
bringing the company into disrepute was seriously flawed, but he
would have been dismissed on the harassment charge in any event,
and that dismissal would have been reasonable;
articles 8 (right to respect for private and family life), 9
(freedom of thought, conscience or religion) and 10 (freedom of
expression) did not help Mr Teggert. He had abandoned his right to
make private comments when he posted them on Facebook. Belief
didn't extend to belief about another person's promiscuity.
Freedom of expression had to be exercised responsibly.
This decision isn't binding on UK employment tribunals, but
it's a useful indication of the way courts are thinking.
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maintained by the Financial Services Authority so that we can carry
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the professional services we have been engaged to provide as
Thesis Asset Management plc, our associated financial
services company, provides a comprehensive range of investment
services and advice. Thesis is owned by members of Thomas Eggar LLP
but is independent of and separate to it. No lawyer connected with
Thomas Eggar LLP provides services through Thesis as a practicing
lawyer regulated by the Solicitors Regulation Authority. Thesis is
authorised and regulated by the Financial Services Authority.
Thesis has its own framework of investor protection and
professional indemnity cover but Thesis clients do not enjoy the
statutory protection of solicitors' clients.
The contents of this article are intended as guidelines for
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advice on specific issues. Consequently, we cannot accept any
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In October 2012, the Court of Appeal confirmed that a Service Provision Change ("SPC") TUPE transfer can only occur where the client who receives the service, before and after the change, remains the same (Hunter v McCarrick  EWCA Civ 1399).
Following much debate, on 24 April 2013 the House of Lords finally gave its approval to employee shareholder status which will now take effect from Autumn 2013.
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