Case law: employee unfairly dismissed for insulting emails

Businesses need to have clear procedures for dealing with complaints about email insults, in the light of a recent tribunal decision.

An employment tribunal has recently held that an employee who was dismissed after she wrote emails containing derogatory remarks about her boss which were seen by her boss and caused him distress, was unfairly dismissed, because she had offered to apologise but that offer had been rejected.

However, the tribunal considered that blame for the situation was to be shared: the employee was 75 per cent responsible for the situation, because her behaviour was calculated to undermine her boss and her conduct was serious; and the award of compensation was reduced accordingly. A statement by the employer welcomed the tribunal's finding that the employee's behaviour was calculated to undermine a fellow employee, constituting a fundamental breach of contract, as it believed strongly that all its employees had the right to be treated with courtesy.

This case acts as a reminder for businesses not only to establish clear email usage policies that require courtesy when emails refer to fellow employees and others, but also to take a reasonable approach when a complaint is raised.

Immediate