For the uninitiated, a blog - or weblog to give it its proper name - is an online diary in which the blogger shares his thoughts with the world.

Unfortunately for Joe Gordon, a former senior bookseller at Waterstones' Edinburgh store, his employers took exception to comments appearing in his blog. Although the blog dealt with a wide array of topics, what upset Waterstones was certain comments made about the company itself. Particular exception was taken to a disparaging word used in place of the firm's name and a similarly insulting description of his manager.

Following a period of suspension and a disciplinary hearing on January 5, Waterstones determined Mr Gordon to have brought the company into disrepute. He was dismissed for gross misconduct.

Mr Gordon is understood to have lodged an appeal. He will no doubt argue that the company has undermined his right to free speech and that Waterstones, a company whose marketing strategy has, in recent times, championed the cause of free speech, has acted in a somewhat hypocritical manner. Presumably, he will also say that it was unfair to dismiss him in circumstances where he had offered to cease commenting on work-related matters and to accept a warning.

Perhaps his best point of all will be a contention that it was unfair to dismiss him, given the lack of guidance from his employers as to whether or not employees were allowed to keep weblogs and what types of work-related comments were and were not acceptable.

As in most other computer-related dismissals - for example those for viewing pornography or for inappropriate use of the e-mail system - an employment tribunal dealing with a case such as this would look at the guidance provided to employees and the way in which that guidance had been interpreted in the past.

It will have to bear in mind that Mr Gordon did not disclose trade secrets or other confidential information and that his comments could not sensibly be said to amount to a sustained propaganda campaign of subversion, as Mr Gordon put it. In those circumstances, was the company's treatment justified or a simple over-reaction?

* Stephen Elliott is a solicitor in the employment team of North-East law firm Ward Hadaway. He can be contacted on 0191-204 4000 or by email at stephen.elliott@wardhadaway.com

Published: 01/02/2005