Intimidating union group chat messages: Fair or unfair dismissal?

Are union group chat messages protected Trade Union activities? Or was this employee fairly dismissed for comments he shared on WhatsApp? Our team looks at a recent case that provides clarity, and what employers should do when faced with challenges like this.

Mr Young was a member of the Communication Workers Union (CWU) and employed by Royal Mail. During a period of industrial action, he posted various messages in a union WhatsApp group, including one stating “F*** Royal Mail” and another suggesting that certain individuals should “choose sides,” accompanied by a reference to a car being blown up.

Following a complaint from a colleague who felt threatened and intimidated, Royal Mail investigated and subsequently dismissed Mr Young for gross misconduct. Mr Young argued that he had been dismissed for participating in Trade Union (TU) activities.

Employment Tribunal (ET) decision

The ET rejected his claim, holding that comments posted in a union WhatsApp group are not automatically protected TU activities. The ET found that Royal Mail dismissed Mr Young because of the content and nature of his messages, rather than because of his involvement with CWU.

Employment Appeal Tribunal (EAT) decision

The EAT dismissed Mr Young’s appeal, confirming that whether conduct amounts to TU activity is a question of fact and degree for the ET. The ET was entitled to find that the WhatsApp messages were not protected TU activities and that the reason for dismissal was misconduct rather than TU participation.

What should employers do?

Employers should, therefore:

• distinguish carefully between protected TU activity and misconduct
• focus investigations on the employee’s conduct rather than their TU membership or industrial action involvement
• apply disciplinary and social media policies consistently
• investigate threatening, intimidating, or abusive communications thoroughly and objectively
• keep clear records demonstrating that any disciplinary action is based on misconduct, not TU activities.

If you have any questions or require legal assistance regarding unions or dismissal from the workplace, please get in touch with our team of employment law experts – we will be happy to help.

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