In Game Retail Ltd v Laws the EAT has held that a tribunal should have taken full account of the public profile of Twitter when finding that an employee’s dismissal for gross misconduct for posting offensive tweets was unfair.  The judge did not properly consider whether the employee’s Twitter use was in fact (as he alleged) private, given that he was followed by employees in a number of the employer's stores.  However, the EAT stressed that cases in this area are fact-sensitive and that the usual "range of reasonable responses" test applies.