Legal services for you and your family

Haulage worker wins unfair dismissal case

A worker has won his case for unfair dismissal after he was fired for posting a photo of himself on Facebook in a ‘sexually compromising position’.

Faisal Auld, uploaded the picture to the social media site at work, including a comment making explicit remarks about Santa Claus.

The photograph, which showed the 31-year-old and another member of staff, had been Mr Auld’s cover photo on his page for five years when his newly-appointed boss at haulage firm, Norbert Dentressangle, spotted it and reported it to HR.

The Herald in Scotland reported that the company claimed the image, which showed the two men wearing their uniforms in a sexual position, could have been ‘detrimental’ to the business.

However, employment judge Robert Gall ruled in favour of Mr Auld, of Falkirk, and awarded him £8,083 as the firm had no social media policy in place.

The judge stated: “After careful analysis and consideration of all the evidence and submissions, I came to the clear view that the decision to dismiss in the circumstances of this case lay outwith the band of reasonable responses of a reasonable employer. The dismissal is therefore unfair.”

The tribunal heard that newly-appointed site manager Margaret Farquharson looked up Mr Auld’s Facebook page in June 2014 as she wanted to find out information about their ‘families, hobbies or interests’.

She then found the photograph, which had been on Mr Auld’s page since 2009, and showed him ‘holding [his colleague] in a headlock in a sexually compromising position’.

Judge Gall also raised issues about the fact that Mrs Farquharson acted as the dismissing officer when she was the person who discovered the photograph.

Mr Auld, who had ten years’ service with the firm, now works as a charge hand for Aldi.

His award in the case was reduced by 30% due to his conduct in posting the photograph.

Skip to content