Gradually there are more cases being decided on social media. In a recent case concerning dismissal of an employee for offensive tweets sent in his own time. Unfortunately.the EAT refused to lay down general guidance despite being asked to do so.

However, the following points do emerge

1. Although tweets were sent from the employee's personal Twitter account in his own time he had not set his settings to private and he knew he was followed by 65 stores so that should count against him.

2. As to whether the tweets are offensive there is no need for evidence that any particular person was offended as long as the employer had reached that conclusion. as it had been reported by a manager and could they could be seen by 65 stores.

3. The relevant issue was not whether the derogatory comment related to the employer but whether the tweets were offensive and whether other staff or customers might have read them.

4. Cases will turn on their facts and long established principles. This includes especially general unfair dismissal purposes such as whether at the time of dismissal as much of an investigation had been carried out which was reasonable and that the employer makes a decision which is within the band of reasonable circumstances.