Housing officer sacked after creating WhatsApp group to criticise colleague loses unfair dismissal claim

A housing officer who set up a work WhatsApp group to write abusive messages about another member of staff has lost his claim for unfair dismissal.

Darren Case was sacked for comments he made about the woman including those about her speech, weight and personal hygiene.

In one message, he used the term "autistic" to insult the colleague.

Bosses at Welsh social housing providers Tai Tarian suspended Mr Case, who had worked for the company since 2002, when they were notified of the messages in April 2018.

He was eventually found guilty of gross misconduct and let go from his position.

Mr Case took the company to an employment tribunal claiming unfair dismissal but, a judge has since upheld the decision.

The WhatsApp group, entitled "Wolfpack" - a not to the film The Hangover - was initally set up by Mr Case to keep in touch with a colleague who was off sick, the tribunal heard.

But, Mr Case told others in the group that the colleague should not be added into the conversation.

In March 2018, Mr Case told his line manager that other colleagues said the woman spent her time doing "things other than work". He relayed the line manager's request to bring forward evidence of such behaviour on the WhatsApp group.

They also spoke about an incident where the woman had been visibly upset in the kitchen because she said she did not feel part of the team.

She was then made the subject of an office game by Mr Case during which each member of the WhatsApp group was tasked with starting a conversation about a topic to see if the woman could be distracted to join in.

If someone failed to engage her then they had to do press ups as a forfeit.

Certain members of the group reported the comments after becoming disturbed by the content of the conversation.

During his disciplinary hearing Mr Case accepted he "over-reacted" to the colleague and said his comments were "unfortunate".

He said the comments directly related to the recent condition of his mental health for which he was prescribed medication.

Judge Rhian Brace concluded the dismissal was a reasonable response, adding his mental health did not justify his actions.

She said it was fair to say Mr Case harassed and bullied the colleague even though she had been unaware of it at the time.