Worker who sent “explicit” texts rightly dismissed – EAT

A factory worker who sent a number of text messages unrelated to work matters and “of a highly explicit nature” to the personal mobile phone of a Polish work colleague was dismissed by his employer but appealed the decision to a Rights Commissioner who up held the decision and then the employee appealed it to the Employment Appeals Tribunal who also upheld the dismissal as fair.

The company in question, had followed correct procedure after it received a complaint from the work colleague. They investigated the complaint, found that the employee in question was guilty of sexual harassment, breaching confidentially and intimidating the assistant manager.

It was also found that the employee was aware that his actions could lead to dismissal but he continued to send the text messages. In his defence he said that there was often “banter and slagging sometimes of a rude and crude nature” in the work place and that this was normal. However this did not satisfy the LRC of the EAT in their findings.