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
  • 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.

art
  • 03 December 2025
  • Corporate and M&A

Why is carrying out a legal Due Diligence investigation necessary during an proposed acquisition?

Merging with or acquiring another company is a high-stakes endeavour. The purpose, process and common areas of investigation during a M&A transaction.

art
  • 02 December 2025
  • Employment

All I Want for Christmas… Is No Tribunal Claims!

Before the festivities begin, it is worth unwrapping the key risks and understanding how employers can protect their staff, their reputation and their sanity, while still delivering a thoroughly enjoyable evening.

art
  • 01 December 2025
  • Immigration

Government consultation on extending settlement requirements: What employers and migrants need to know

This article summarises the key proposals , groups who will and will not be affected by the extending settlement requirements, and the potential impact for employers, workers and families.