Woman who called colleague “whore” on Twitter fails in Employment Tribunal claim

Redmans Solicitors
December 2, 2013

A woman who called a colleague of hers a “whore” on Twitter has failed in her unfair dismissal claim in the Employment Tribunal.

Ms Doreen Reilly commenced employment with the Co-operative supermarket in Cupar in 1994 and worked as a shop assistant. In August 2011 there was an incident at the Cupar Co-operative where Ms Reilly was reprimanded by a manager for apparently talking to customers instead of helping at the check-out. Ms Reilyl objected to this and took to Twitter, where she engaged in a conversation with another member of staff. In this Twitter ‘conversation’ Ms Reilly referring to the colleague who had made the complaint as the “whore that u wrk wi”. A complaint was then made by a colleague regarding Ms Reilly’s bullying behaviour. As a result of the cumulative complaints against Ms Reilly she was given a final written warning. Ms Reilly was then signed off work sick for a period of months, with her GP stating that she could not return to the workplace under the same manager.

Due to the long-term absence and the breakdown in relationships between Ms Reilly and her manager, the Co-op stated that it was considering terminating her contract. She rejected a mediation attempt by the Co-op and argued that the supermarket chain should have found her alternative employment at another store. However, the Co-op did not offer her such. Her contract was in fact terminated in January 2013 and Ms Reilly subsequently made an employment tribunal claim for unfair dismissal. This came before the Employment Tribunal last month.

The Employment Tribunal held that Ms Reilly’s dismissal by the Co-op had not been unfair – the dismissal had been carried out in a procedurally fair manner and was not outside of the range of reasonable responses open to the Co-op in the circumstances. Her claims were therefore rejected.

Chris Hadrill, an employment law solicitor at Redmans, commented: “In order for a dismissal to be rendered unfair, the dismissal must have been outside of the range of reasonable responses in the circumstances and/or procedurally unfair in some way. In this case the Employment Judge found that the Co-op had carried out a fair procedure and investigation and that it was entitled to dismiss her on the back of such.”

Redmans Solicitors are unfair dismissal solicitors and offer employment law advice to employers and employees

Please note: Redmans Solicitors were not associated with this case in any capacity