Sunday 18 November 2012

Case note–Smith (Adrian) v Trafford Housing Trust

How much control can an employer exert over a worker’s freedom of expression outside of the workplace? This question was addressed by Mr Justice Briggs in the case of Smith (Adrian) v Trafford Housing Trust [2012] EWHC 3221 (Ch), 16 November 2012.

Mr Smith had worked for the local authority and then Trafford Housing Trust for a continuous period of around twenty years, reaching a managerial position. He was on a salary of £35,000. However, he was demoted and had a pay cut of 40% imposed due to comments he made on Facebook. Mr Smith had 201 ‘friends’ on Facebook, of which 45 were colleagues. In his personal information he disclosed that he was a manager at Trafford Housing Trust, that he was a “full-on charismatic Christian” and politically “left of centre.” His Facebook comments, which covered such topics as motor vehicles, sport and food, were accessible by Mr Smith’s ‘friends’ and ‘friends of friends.’