Having a NatteRR - Series 8 Episode 3

This week Simon and David discuss the case of Ms T Webb v London Underground Ltd, in which the Claimant alleged unfair dismissal and race discrimination.

The Claimant’s dismissal was because of posts on social media that the Respondent determined were offensive, inflammatory, and racially divisive following the death of George Floyd, in breach of their policies and guidance.

The Tribunal agreed with the Respondent’s determination of the Claimant’s activity on social media. The Tribunal also found that the Claimant was not the subject of racial discrimination.

The claimant was, however, found to be (procedurally) unfairly dismissed. Simon and David discuss the flaws in the Respondent's process, namely that they failed to consider any mitigation, including the Claimant’s 32 years of service and previously unblemished record.

They go on to explain what this is likely to mean in terms of arguments based on contributory fault or a Polkey deduction at the separate Remedy Hearing, as well as the Human Rights arguments advanced and how they failed to succeed.

They also discuss a variety of locations for where they may be recording our podcasts from!