Home Office contractor ordered to reinstate worker wrongly accused of joking about Syrian refugees
An asylum seeker escort sacked after being wrongly accused of joking about Syrian refugees swimming to the UK must be reinstated, an employment tribunal has ruled.
David Maynard took Home Office contractors Mitie to the tribunal after he was dismissed over comments he made in a WhatsApp group with other staff.
The Escorts Meet and Greet WhatsApp group consisted of 80 workers, including Mr Maynard, employed by Mitie on behalf of the Government to accompany unsuccessful applicants for asylum to their home countries or a third country.
Allegations of racism in the group chat made national headlines in early 2022, prompting Phil Bentley, Mitie’s chief executive, to condemn “racist” behaviour.
At the London south employment tribunal, it was revealed Mr Maynard and colleague John Lehan were sacked by Mitie following an investigation.
Both sued the company for unfair dismissal, but only Mr Maynard won his case after the tribunal ruled that his messages were not racist.
Colleague lost separate claim
Mr Lehan lost his case as the tribunal found he forwarded a racist image featuring the words “slanty eyed c—s” and made derogatory remarks about hungry asylum seekers.
The tribunal has now ruled Mr Maynard should be reinstated and awarded £4,543 compensation.
It had heard that in March 2020, Mr Lehan forwarded a picture to the WhatsApp group of a restaurant that displayed a closed sign which read “closed due to slanty eyed c—s’” and was given an informal warning.
In October 2021, Mr Maynard, Mr Lehan and a third colleague were talking about a charter flight in which an asylum seeker self-harmed.
Mr Maynard said: “Yes I remember it well... I got accused of breaking a wrist on that job too.”
Mr Lehan replied with two laughing face emojis and the text “That’s right”. Mr Maynard replied “Again vicious rumour totally unsubstantiated”.
The third colleague commented: “They can only stay if they swim all the way” and Mr Maynard replied one minute later: “What you mean from Syria?”
An investigation commenced after an employee reported the conversation.
Mr Maynard and Mr Lehan were also accused of victimising the whistleblower by calling them a “rat”, and showing insubordination over their dislike of Mitie rules.
Mr Maynard told the tribunal his comment about Syria was to suggest that the previous comment made no sense.
Caroline Morrissey, Mitie’s senior people transformation and change partner, sacked both escorts in April 2022.
Hard line in such matters ‘justified’
At the tribunal, employment judge Tom Perry praised Mitie for taking a hard line over the allegations.
Judge Perry said: “It is relevant to notice that both [escorts] were in roles that were inherently in the public eye and likely to be closely scrutinised by the press and, by extension, the public.
“It is hard to think of a more politically sensitive or high-profile area than the deportation of unsuccessful asylum seekers and migrants.
“The contract [they] worked on was apparently high-value as well as high-profile.
“This necessarily meant that the consequences of inappropriate communication that could be associated with [Mitie] were undoubtedly potentially more serious for [Mitie] than they would be for many employers.
“To an extent, this justified [Mitie] taking a hard line over such matters.”
However, the judge ruled Mr Maynard’s sacking was unfair, saying Ms Morrissey wrongly interpreted that Mr Maynard had been joking about Syrian refugees.
Judge Perry explained: “Ms Morrissey was conflating Mr Maynard’s comment with the statement of the person he was corresponding with because that was what the press had done when it reported that Mr Maynard’s comment was a ‘joke about Syrian refugees swimming to the UK’.
“To conclude there was anything that was racist, offensive or derogatory in what Mr Maynard said was not a response open to a reasonable employer.”
He added that Mr Maynard had lost “a well-paid job that he loved”.
The judge concluded: “I felt that the disadvantage to [Mr Maynard] were I not to order reinstatement would outweigh the disadvantage to [Mitie] if I did.”