UK Employment Tribunal Finds Dismissal for Sending Offensive Email between Home Computers was Fair
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The recent UK Employment Tribunal case of Gosden v Lifeline Project Ltd provides a warning as to the repercussions an employee may face when their private use of social media has the effect of damaging the reputation of their employer and/or breaching an equal opportunities policy. This case involved Mr Gosden, an employee of Lifeline, bringing a claim for unfair and wrongful dismissal to the Employment Tribunal, after an internal disciplinary hearing found him guilty of gross misconduct and accordingly, dismissed him.
Lifeline, a charity that works with drug-users in prisons, had assigned Mr Gosden to Lindholme prison. The gross misconduct at issue was that he forwarded an offensive email from his home computer and outside working hours to the home computer of Mr Yates, a colleague, based in Moorland prison, where Mr Gosden had previously been assigned. The email entitled “The British are Way Ahead of Us” contained material of a racist and sexist nature and was of the chain email variety, headed with the words “It is your duty to pass this on!” Mr Yates forwarded the email to a colleague who worked in Moorland prison and so the email entered the computer system of the Prison Service. Lindholme prison held a formal investigation which concluded with the suspension of Mr Gosden and the compulsory retirement of Mr Yates. Lifeline then commenced its own investigation into Mr Gosden’s conduct which led to a formal disciplinary hearing. The Lifeline disciplinary panel found Mr Gosden guilty of gross misconduct for having carried out an act which might damage Lifeline’s reputation or integrity and for having breached its equal opportunities policy. Accordingly Mr Gosden was dismissed and he in turn brought a claim to the Employment Tribunal.
The Employment Tribunal dismissed Mr Gosden’s claims for unfair and wrongful dismissal as the reason for his dismissal was reasonable and the manner in which he was dismissed was fair. What is particularly interesting is that the Employment Tribunal went on to consider what impact, if any, the Human Rights Act had to a private life, holding that the email in question, whilst it was sent from his home computer to another home computer, was not intended to be private due to the fact it was headed “It is your duty to pass this on!” and Mr Gosden was aware that it was likely to be passed on. However, Mr Gosden had no control over whether the email would or would not be passed on.
This decision suggests that employees, who mindlessly forward chain emails outside work, must first consider whether the email in question may have the effect of bringing their employer’s reputation into disrepute or breach their employer’s equal opportunities policy, therefore putting their employment in jeopardy. As this area of law is developing and the effect on Irish employment law is uncertain, it may be advisable for employers to address employees’ private use of social media where such use would have a damaging effect on the employer’s reputation.
