In the case of Young v Royal Mail Group Ltd, the claimant, a delivery driver and member of the Communication Workers Union (CWU), was dismissed for gross misconduct after posting two messages in a union WhatsApp group during a period of industrial action.
One message contained an abusive expletive directed at Royal Mail. The second suggested that two named colleagues should "choose sides" during the dispute and referred to their car being blown up, followed by "lol".
One of the named colleagues reported feeling genuinely threatened by the message. Following an investigation and disciplinary process, Royal Mail dismissed the claimant for gross misconduct.
The claimant brought an automatic unfair dismissal claim, arguing that he had been dismissed for taking part in the activities of an independent trade union, contrary to section 152 of the Trade Union and Labour Relations (Consolidation) Act 1992.
The employment tribunal rejected the claim and the claimant appealed.
The Employment Appeal Tribunal dismissed the appeal.
It confirmed that whether particular conduct amounts to participation in trade union activities is a question of fact and degree. Simply because comments are made during an industrial dispute, or posted in a union WhatsApp group, does not automatically mean they are protected.
The tribunal had been entitled to conclude that the first message amounted to abuse of the employer rather than participation in trade union activities. Likewise,...
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