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In the recent case of Young v Royal Mail Group, the Employment Appeal Tribunal (‘EAT’) considered an appeal brought by a former employee of Royal Mail.
The Claimant was dismissed after posting two messages in a CWU WhatsApp group during the 2022 Royal Mail industrial dispute. The first stated “F*** Royal Mail”, while the second suggested that two named individuals should “choose sides”, accompanied by a comment that the “wrong answer” could result in a car being blown up. A trainee manager who was referenced in the messages, complained that they felt genuinely threatened and intimidated.
The Employment Tribunal found that Royal Mail dismissed the Claimant for his conduct, specifically the threatening and intimidating nature of the messages, rather than because he had participated in trade union activities. It held neither message amounted to trade union activity, despite being posted in a union WhatsApp group during an ongoing industrial dispute. The Claimant appealed the decision.
The EAT dismissed the appeal, confirming that his dismissal for gross misconduct was not automatically unfair. The EAT rejected the argument that the Employment Tribunal had failed to consider established case law which detailed, that unreasonable conduct may still fall within the scope of protected union activity. The EAT held that the case law referred to, did not create a legal threshold, and that it required a fact sensitive analysis on a case-by-case basis. The EAT held that the conduct was separable from legitimate union purpose, and that threatening or intimating conduct will fall outside of the statutory protection.
This case highlights that sending a message within a trade union WhatsApp group does not grant it an automatic “shield” of immunity and that protection for trade union activities does not automatically extend to threatening or abusive communications.
Need advice on employee misconduct or trade union disputes? Our employment law team can help employers navigate disciplinary processes, unfair dismissal claims and workplace disputes with practical, commercially focused advice. Contact our team today by emailing enquiries@backhouses.co.uk or phoning 01254 828 300.
This article was written by Gabrielle Scriven.