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

art
  • 18 December 2025
  • Employment

Employment Law: Looking back at 2025 and what to expect in 2026

2025 has certainly been an interesting year for employment law. While the Employment Rights Bill has pulled much of the focus since it was introduced in October 2024, there have been other important updates this year as well.

art
  • 18 December 2025
  • Corporate and M&A

Deal Announcement: Clarkslegal’s corporate lawyers advise on the sale of Chatterbox Labs Limited to subsidiary of American tech giant

Clarkslegal’s corporate team, led by Senior Consultant Jon Chapman and supported by Senior Solicitor Emma Docking, advised the founders of Chatterbox Labs Limited on the sale of the AI security specialist to Red Hat, Inc., a wholly owned subsidiary of IBM.

art
  • 16 December 2025
  • Employment

Christmas Parties – Festive Fun or a New Year Hangover?

It’s Christmas party season! The office party is often a mixed blessing – an opportunity to boost morale and perhaps celebrate a successful year yet also a melting pot of workers letting their hair down, with potential for accidents, injuries, threats and claims.

art
  • 10 December 2025
  • Privacy and Data Protection

The 12 Data Protection Mistakes of Christmas

As the festive season approaches, it is not just last-minute shopping and office parties that can catch organisations off guard; data protection slip-ups are just as common.

Pub
  • 04 December 2025
  • Immigration

UK Immigration: What to expect in 2026 for employers

Join our UK immigration specialists, Ruth Karimatsenga and Monica Mastropasqua, as they explore the key updates and how they affect your business in 2026.

Pub
  • 04 December 2025
  • Corporate and M&A

Autumn Budget 2025 Breakdown: Key takeaways for business buyers and sellers

Join Stuart Mullins and Nicky Goringe Larkin as they delve into the key updates from the Chancellor’s announcement, with a focus on what matters most for businesses looking to buy and sell.