Pawel Ignatowicz

Case Summary

The claimant was dismissed for Facebook posts relating to a workplace grievance. The Employment Tribunal found the dismissal unfair and ordered reinstatement with a 10% contributory fault reduction. The EAT upheld the unfair dismissal finding but found error in law regarding the assessment of contributory conduct and the appropriateness of ordering reinstatement, remitting the matter to the Employment Tribunal for reconsideration including the freedom of expression issue.

The EAT found the Employment Tribunal erred in law by: (1) failing to adequately consider all relevant posts and conduct when assessing contributory fault, limiting analysis to only the fact of posting the grievance content without proper consideration of additional inflammatory language; (2) failing to consider whether the claimant's qualified right to freedom of expression should affect its approach; and (3) not properly applying section 116 ERA requirements when ordering reinstatement despite finding contributory conduct.

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• •Whether the Employment Tribunal erred in its assessment of contributory conduct
• •Whether reinstatement was an appropriate remedy
• •Whether the tribunal should have considered the claimant's qualified right to freedom of expression
• •Whether conduct occurring after dismissal but before appeal rejection can be considered in contributory fault analysis
• •The scope and application of sections 122(2) and 123(6) of the Employment Rights Act 1996

The full source document is available from the official publication page.