A food inspector has been awarded over £30,000 by an employment tribunal after an Employment Judge deemed his dismissal for liking a comment on Facebook amounted to unfair dismissal.
Alan Blue worked as a meat hygiene inspector for the Foods Standards Agency and was based at an abattoir in Wishaw. He was dismissed from his role after liking a comment on Facebook written by a former employee about the abattoir manager, which said:
“lucky a never f***ed a chair aff his heed”.
After discovering that Mr. Blue had liked the comment, management at the abattoir complained to the Food Standards Agency who subsequently dismissed Mr. Blue. The Food Standards Agency deemed the liking of the comment to be a breach of trust and highly unprofessional, highlighting that employees had been given guidance on social media conduct. However, the employment tribunal determined that the guidance on social media use was targeted at use in the work place.
Mr. Blue had been in his position at the abattoir for 20 years and was shocked to find he had been dismissed because of liking a comment on Facebook. He has been unable to find employment and was prescribed anti-depressants as a result of his dismissal and financial difficulties.
The Employment judge, Peter Wallington QC said:
“The claimant had an exemplary record of performing his duties, in particular with reference to instituting any necessary enforcement action. There were no objective reasons to believe that his performance would in the future be different simply because his foolish participation in what he had mistakenly believed to be a private online conversation had become more public.”
Mr. Blue was awarded more than £32,000 in compensation for breach of contract and unfair dismissal. However the FSA refused to reinstate him.
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