Worker sacking for WhatsApp colleague abuse upheld

The WhatsApp group was initially set up to keep in contact with a colleague who was off sick

A housing officer who used a WhatsApp group he set up among colleagues to comment on another member of staff has lost his claim for unfair dismissal.

Darren Case was found to have bullied the woman by commenting on her speech, weight and personal hygiene, and describing her as "autistic".

He was suspended by bosses at Tai Tarian in Neath when they became aware of the messages in April 2018.

He was found guilty of gross misconduct and a tribunal backed the dismissal.

The tribunal hear the WhatsApp group, titled "Wolfpack", was initially set up to keep in contact with a colleague who was off sick but Mr Case said she should not be included.

In March 2018, Mr Case told his line manager Ian Hale that other colleagues had reported that the woman spent most of her time surfing the internet, browsing sites which were nothing to do with work.

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In the same month Mr Case made the colleague subject of an office game in which each member of the group started talking about something to see if she could be made to join in, and whoever failed to do so would have to do some press-ups.

The content of the WhatsApp conversations upset some members of the team who then reported it.

At a disciplinary hearing Mr Case accepted he had "over-reacted" to the colleague but put it down to his mental state as he had been on medication for a considerable time.

He was found guilty of gross misconduct and at a tribunal hearing employment Judge Rhian Brace said that dismissal was a reasonable response.

In her newly published judgment she said it was fair to conclude that Mr Case had harassed and bullied the colleague even though she had been unaware of it at the time.

She added his mental health was not serious enough to mitigate his conduct.