DHL Loses Appeal Over Unfair Dismissal and Reinstatement Ruling Following Social Media Posts
The Employment Appeal Tribunal has remitted an unfair dismissal and reinstatement case involving DHL and an employee back to the Employment Tribunal for reconsideration.
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Employment Appeal Tribunal Reviews Unfair Dismissal Case
The Employment Appeal Tribunal (EAT) has overturned an Employment Tribunal's decision regarding the unfair dismissal of Pawel Ignatowicz by DHL Services Limited. The case, which centred on social media posts made by Mr Ignatowicz concerning a workplace grievance, has been remitted back to the Employment Tribunal for further consideration on two key issues: the assessment of contributory conduct and the order for reinstatement.
Social Media Posts Lead to Dismissal and Tribunal Ruling
Mr Ignatowicz was dismissed by DHL after posting details of a grievance on Facebook. The Employment Tribunal had initially found the dismissal to be unfair, attributing 10% of the blame to Mr Ignatowicz for his contribution to the dismissal. The Tribunal also ordered reinstatement and did not explicitly consider whether Mr Ignatowicz's qualified right to freedom of expression should influence its decision.
EAT Identifies Errors in Law
His Honour Judge James Tayler, hearing the appeal, identified errors in law made by the Employment Tribunal. Specifically, the judge found that the assessment of Mr Ignatowicz's contributory conduct was flawed. The Tribunal's decision to order reinstatement was also questioned, with the EAT finding that the Tribunal had failed to adequately consider crucial factors, including the impact of Mr Ignatowicz's conduct during the litigation process and the respondent's genuine and rational belief regarding confidence in the employee.
Remission for Reassessment
The EAT has directed that the case be remitted to the same Employment Tribunal. The Tribunal will need to re-examine the extent of Mr Ignatowicz's contributory fault, taking into account all relevant social media posts and his conduct throughout the proceedings. Furthermore, the practicability of reinstatement will need to be reassessed, considering the respondent's perspective on trust and confidence. The potential relevance of the qualified right to freedom of expression was also highlighted as a matter for the Employment Tribunal to consider.
Read the entire judgment here: DHL Services Limited v Pawel Ignatowicz, EAT 74
