Mr J Lehan (1) and Mr D Maynard (2) v Mitie Care and Custody Limited — 2024

The tribunal found that the respondent dismissed both claimants for reasons related to conduct arising from WhatsApp messages involving colleagues, including messages discussed in press reporting. It found that Ms Morrissey was the sole decision maker, that she genuinely believed each claimant had committed misconduct, and that there had been a reasonable investigation, particularly because the claimants accepted sending the relevant messages.

For Mr Lehan, the tribunal found that the matters relied on by the respondent were capable of amounting to conduct reasons, including the March 2020 image, comments about the whistleblower, and other WhatsApp messages. It found that although there were concerns about Mr Bentley's public statement and parts of Ms Morrissey's questioning, the decision was not predetermined. Taking account of the respondent's policies, the sensitive nature of the work, and the messages relied on, dismissal was within the band of reasonable responses. Mr Lehan's unfair dismissal claim was dismissed.

For Mr Maynard, the tribunal found material differences. It held that the respondent relied on several grounds for dismissal for which there were no reasonable grounds for believing in misconduct or which were not sustainable as reasons for dismissal, including its interpretation of his 3 October 2021 comments and the comment about objecting to changes to terms and conditions in a union WhatsApp group. Because Ms Morrissey said dismissal was based on an accumulation of reasons rather than any single allegation, the dismissal was outside the band of reasonable responses. Mr Maynard's unfair dismissal claim succeeded.