N Notaro Homes Limited v Keirle [2024] EAT 122

Background: 

There were four claimants who were all dismissed for breaches of the employer’s social media policy. The Tribunal concluded, though, that it was a pretext for their dismissals and that they had been dismissed for making protected disclosures. However, the Tribunal did recognise that the social media posts did amount to blameworthy conduct, and it did contribute towards the dismissals. The issue was the extent to which it could be considered when it came to the compensatory award.  

Outcome: 

At first instance, the Tribunal held that it would not be just and equitable to reduce the compensatory award based upon their conduct. The respondent