Miss. Snocken, Counsel v Respondent — 2022

The claimant was a retained crew manager and firefighter who was disciplined after WhatsApp messages in an Orange Watch group and his response to a change in COVID-19 rostering arrangements. The tribunal found that the WhatsApp group had evolved from social use into substantially work-related interaction, that WhatsApp was covered by the respondent's social media policy, and that the claimant's managerial role meant he should have known he was expected to challenge inappropriate behaviour and uphold the respondent's standards.

The tribunal held that the respondent genuinely believed the claimant had committed misconduct, had reasonable grounds for that belief, and carried out a reasonable investigation. It found that he did not challenge an offensive comment in the group and instead encouraged colleagues to use grievances to resist implementation of the policy change. The tribunal rejected arguments that the dismissal was predetermined, that the process was unfair because allegations changed or witness statements were withheld, or that the respondent took irrelevant matters into account.

The tribunal also held that the sanction of dismissal fell within the band of reasonable responses, taking account of the claimant's managerial position, the service's policies and the appeal-stage conclusion that dismissal with notice was more appropriate than summary dismissal. It found that the claimant's service, apology and mitigation were considered, but not enough to make dismissal unfair. No monetary award was made because both claims were dismissed.

On the Part Time Workers Regulations claim, the tribunal accepted that suspension, investigation and dismissal were detriments, but it found that the claimant was not treated less favourably because he was part-time. It held that only CM Darren Jones was a potential actual comparator, that CM Jaswender Sokhal and WM Thomas Harrison were not actual comparators, and that part-time status was not the effective and predominant cause of the difference in treatment.