Warehouse Worker Unfairly Dismissed After Colleague Found Online Video

Mr Whyley v Gypsumtools Ltd: 2601632/2021

An employment tribunal has highlighted the need for fair handling of sensitive situations and proper procedures following an unfair dismissal due to a manipulated video.

The Facts

A warehouse worker was unfairly dismissed by Gypsumtools after a colleague discovered a video of him being confronted by paedophile hunters. The Employment Tribunal ruled that the employer had breached the Acas code of practice. The tribunal awarded the worker £21,449.93, finding that the dismissal was unjust because the video had been manipulated, and the worker had not been given a fair opportunity to explain or contextualise the situation.

Judgment 

The tribunal's ruling emphasises that employers must handle sensitive situations with due diligence and fairness. The failure of Gypsumtools to follow proper procedures, including conducting a thorough investigation and providing a fair hearing, was central to the tribunal's decision. The unjust dismissal highlighted the need for employers to avoid rushing to judgment, especially in cases that could affect reputation.

Commentary

This case highlights the critical importance of adhering to fair procedures in dismissal cases, particularly those involving potentially damaging allegations. Employers must ensure they follow proper protocols and give employees a fair chance to respond to accusations.

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