Search

How can we help?

Icon

Employee succeeds in whistleblowing claim following complaint about offensive “banter”

The Claimant in Robinson v Mind Monmouthshire Ltd made a complaint after a colleague performed an offensive impression of a physically disabled person.

Following this, the Claimant was isolated by her colleagues who continued engaging in offensive workplace ‘banter’ and she suffered a period of mental ill health.

At a subsequent capability meeting, the Claimant’s manager did not act on OH’s recommendation that the Claimant should not return to the same working environment and advised her to raise a grievance. Her grievances however were not upheld and she resigned.

The Tribunal unanimously found the Claimant had been automatically unfairly dismissed for making a protected disclosure. It held her disclosure regarding a failure to comply with a legal obligation (relating to equality law in the workplace) was inextricably linked to the treatment she then suffered.

The ET further held the Claimant had been victimised following her complaint as the Respondent had failed to address the incident, had applied a culture of isolation, and had failed to make reasonable adjustments by not acting on OH’s recommendations.

 

The Tribunal unanimously found the Claimant had been automatically unfairly dismissed for making a protected disclosure

The case reminds employers of the dangers of workplace “banter” and highlights the importance of fully investigating any related complaints and ensuring that individuals are not subjected to any detrimental treatment for making protected disclosures.

Disclaimer
This information is for guidance purposes only and should not be regarded as a substitute for taking legal advice. Please refer to the full General Notices on our website.

Author profile

About this article

Read, listen and watch our latest insights

Pub
  • 15 July 2026
  • Litigation and dispute resolution

ICC Arbitration Rules 2026 overhaul: The end of Terms of Reference and future trends – Episode 3

In this final episode, Jack Hobbs (Clarkslegal) and Christopher Howitt (Three Stone) discuss the impact of the ICC Arbitration Rules 2026 overhaul, focusing on the end of Terms of Reference. Hear expert insights and practical tips for adapting to the new rules.

art
  • 15 July 2026
  • Employment

New guidance on interim relief: More applications, same high threshold

In certain limited unfair dismissal claims (such as those for automatic unfair dismissal relating to a protected disclosure) claimants can apply for interim relief. This is an emergency measure which essentially prevents a dismissal from taking effect until the claim has been heard.

Pub
  • 09 July 2026
  • Litigation and dispute resolution

The Arbitration Act 2025 – Factsheet

This factsheet outlines the major reforms and key developments introduced by the Arbitration Act 2025, including updates on summary disposal, jurisdictional challenges, emergency arbitrators, arbitrator disclosure duties, and governing law in arbitration proceedings.

art
  • 09 July 2026
  • Immigration

Right to Work Checks are changing from 1 October 2026: Is your business ready?

The Home Office’s new rules, effective 1 October 2026, will overhaul right to work checks and raise the risk of civil penalties for UK businesses.

art
  • 08 July 2026
  • Privacy and Data Protection

ICO prosecutes employee under the Data Protection Act for forwarding client data to his personal email address

The issue of employees taking confidential business information or personal data when moving to a new employer remains a significant concern for businesses.

Pub
  • 07 July 2026
  • Litigation and dispute resolution

Accelerating arbitration: Expedited procedures and key changes in the new ICC Rules – Episode 2

In episode 2, Jack Hobbs (Clarkslegal) and Christopher Howitt (Three Stone) explore how the latest expedited and highly expedited procedures under the ICC Arbitration Rules 2026 are transforming the landscape of dispute resolution.