In Khokhar & Miller v British Telecommunications Plc

Can you decipher the tone of a message over Microsoft Teams?

In Khokhar & Miller v British Telecommunications Plc, the tribunal held that you can, and it can be the difference between a fair and unfair dismissal.

What happened?

Two employees were working remotely and used Microsoft Teams to communicate with their team.

A different colleague sent a message into the chat expressing anger with a colleague and used wording that, taken literally, implied violent intent.

The two employees replied to this message, supporting it.

Management became aware of this message exchange and both employees were dismissed for inciting violence or hate against a fellow employee.

Both employees brought claims for unfair dismissal.

And the court agreed.

The employment tribunal upheld the claims for unfair dismissal upon the grounds that the employer had:

The tribunal held that it would have been reasonable to widen the investigation and consider alternative sanctions before moving for dismissal.

What can HR do to prepare for this?

Always take context into account during investigations.

Update conduct policies and procedures to outline the company’s standpoint on internal communication between colleagues.

Put in place necessary training for employees outlining appropriate workplace communication and conduct.

Need help?

Prevent potential claims by making sure employees receive the right training. The cheapest claim is no claim at all. Yoga HR can help! It provides courses that are engaging, stretching and relevant thereby helping organisations to grow, to become leaner, calmer and more mentally flexible. Courses employees want to sit. Get in touch today at enquiries@yogahr.co.uk or call 01780 918128.

But if you need legal help, at PJH Law we specialise in Employment Law, feel free to call our office on 01780 757589 or visit our website to get in touch!