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 January 2026
  • Corporate and M&A

Quarterly Insights: Key Corporate & Commercial Topics – Q1 2026

Join Stuart Mullins and Jonathan Hayes as they explore the most topical issues and key developments our team has examined over the past three months. In Episode 1, they discuss Family Investment Companies, Legal Due Diligence, and Directors’ Duties.

Pub
  • 08 January 2026
  • Privacy and Data Protection

Data Protection Audits: Launch Event

Join us for a breakfast networking session on Thursday 26th February 2026 as we officially launch our Data Protection Audit services.

art
  • 08 January 2026
  • Privacy and Data Protection

Data Protection – what’s happened in 2025?

2025 has been a lively year for the data protection sphere, with the main talking point coming from the UK’s data reform Bill finally receiving Royal Assent on 19 June 2025.

art
  • 07 January 2026
  • Commercial Real Estate

Real Estate: update and 2026 expectations

The previous year has been an eventful one for the commercial property sector.

art
  • 06 January 2026
  • Commercial Real Estate

FAQ – Buying a commercial property in England and Wales

If you want to invest in the commercial property market in England and Wales (the two countries share the same jurisdiction), it is important to understand that the process differs significantly from buying a property in France.

art
  • 05 January 2026
  • Immigration

UK Immigration changes in 2025: What to expect in 2026

This wrap-up brings together the key developments from across the year, highlighting what has changed, what is still evolving, and what organisations should be planning for as we move into 2026.