Hairy Jakes' Pancake Hut also operates a wedding cake shop. Jane is one of two pastry chefs in the business.

The management of Hairy Jakes' Pancake Hut is very excited about the prospect of extending its market to the LBGTQI+ community. It has brought out a new line of cakes customized for this market and has embarked on an extensive advertising campaign to draw attention in this market to their products. Jane is aware of this strategy. She has grudgingly gone along with it, but her personal views do not align with that of her employer.

Hairy Jakes' Pancake Hut does not have a social media use policy in place and Jane's contract does not mention it either.

Jane regularly uses her social media pages to promote her latest baking creations. Often, the pictures posted of her cakes would include signage of the company, especially when they are about to be boxed. Jane encourages previous clients to post images on her social media, as well as comments about her cakes. Her privacy settings are set accordingly. Often these clients would also mention Hairy Jakes' Pancake Hut and tag them into their comments.

Jane has recently posted the following comment, accompanied by a picture of a wedding cake with two grooms on top: 'This, my latest one. Will never get used to it.' This ignites a viral thread of comments, many of which would be offensive to the gay community. Jane does not respond to these comments, but does nothing to stop them either.

Hairy Jakes' Pancake Hut loses business as a result of the posts and they dismiss Jane.

Consider whether Jane was in breach of her duties as an employee owing to her actions on social media. You must not discuss unfair dismissal, because we have not yet covered that part of the content.