The claimant was employed by the respondent since 2017, but was summarily dismissed following Facebook posts he made about an internal workplace grievance after being unsuccessful in applying for a different role. The posts included diatribes about capitalism and references likening a manager's surname with that of a Polish historical figure associated with massacres, The ET found the dismissal unfair, reduced compensation by 10% for contributory conduct, and ordered reinstatement.

The respondent appealed on the grounds that the contribution finding was too low and reinstatement was wrongly ordered and in this judgment HHJ Tayler agreed. The ET had failed to consider properly the impact of the full range of relevant posts, including those made before and after dismissal, on both the basic and compensatory awards. As for reinstatement, HHJ Tayler found the ET had substituted its own view for that of the employer rather than assessing whether that had been a genuine breakdown in trust and confidence. The matter was remitted to the same ET to reconsider these issues along with the claimant's qualified right to freedom of expression which had not been considered earlier.