Unfair Dismissal and Social Media Misconduct: Employer Lessons from DHL v Ignatowicz

Unfair dismissal, social media misconduct and reinstatement — employer lessons from DHL Services Ltd v Pawel Ignatowicz

In DHL Services Ltd (DHL) v Pawel Ignatowicz, the Claimant, a warehouse colleague employed by DHL published Facebook posts linked to a workplace grievance and was dismissed for gross misconduct. The original tribunal found the dismissal unfair, reduced compensation by 10% for contributory conduct and ordered reinstatement. On appeal, the Employment Appeal Tribunal held that the tribunal had erred in its approach to contributory conduct and reinstatement and remitted those issues for reconsideration.

Why does this matter for employers?

Firstly, the case underlines the importance of social media policy communication and training. The original tribunal had found that Mr Ignatowicz had not been properly trained on the relevant email and internet policy and had not previously been given the policy relied on by the employer. That mattered. If an employer wants to rely on social media rules to support dismissal, it must be able to show that employees were told what the rules were, understood them and were expected to follow them. A policy hidden in a handbook or circulated without training may not be enough.

Secondly, the judgment is a valuable reminder that contributory conduct is not a broad-brush exercise. The EAT held that the tribunal had taken too narrow a view by only focusing on the fact that the employee had used one social media post to publicise his grievance. It should also have examined the content and seriousness of the other posts and considered the different legal tests that apply to reductions to the basic award and the compensatory award. In practical terms, employers should ensure that disciplinary records and tribunal preparation clearly identify all relevant conduct, when it occurred and how it affected the dismissal decision.

Thirdly, the decision is especially helpful on reinstatement. The EAT said the original tribunal had effectively substituted its own view of whether a return to work was possible, instead of properly asking whether the employer genuinely and rationally believed trust and confidence had broken down. That is an important distinction. Employers resisting reinstatement should be ready to evidence why a return is not realistically sustainable, including the impact of the employee’s conduct on managers, colleagues and working relationships. Assertions alone will not do, but nor should tribunals simply impose their own preferred view of practicability.

Practical steps for employers

The practical takeaways for employers are clear. Review your social media, email and internet policies so expectations are explicit and examples of misconduct are included. Train managers so they know when online conduct may justify disciplinary action and when further investigation is needed before moving to gross misconduct dismissal. Keep a careful chronology of posts, complaints, meetings and decisions. If an employee appeals, remember that conduct arising before the appeal outcome may still matter when arguing over compensatory award reductions. Finally, if reinstatement is in issue, prepare evidence on practicability, trust and confidence rather than relying on broad assertions.

For HR teams and business owners, the wider message is simple: difficult or offensive online behaviour does not remove the need for a fair process. Equally, a procedurally unfair dismissal does not prevent an employer from arguing that an employee’s own conduct should reduce compensation or make reinstatement inappropriate. Cases like DHL Services Ltd v Pawel Ignatowicz show that success often turns on detail, evidence and timing.

At Impact Employment Law, we help employers manage unfair dismissal risk, social media misconduct, disciplinary processes and reinstatement issues with practical, commercially focused advice. If you would like to review your social media policy, manager training or dismissal procedures, now is a good time to make Impact.