Dismissed for Inciting Violence at Work: When Is It Unfair Dismissal in the UK?

Two BT call-centre workers have received a combined £58,000 in compensation after an employment tribunal found they’d been unfairly dismissed for allegedly inciting violence. The tribunal uncovered a flawed investigation process in the run-up to the pair’s dismissals, ruling that “the decision-makers had approached matters with a completely closed mind.”

Read on as we examine what happened and the reasons behind the tribunal’s judgment. We outline what “inciting violence” actually means, and discuss whether individuals can be dismissed for messages sent in work-related chats. Should an individual face similar unfair treatment, we also establish the steps they can take to seek justice.

If you’ve been dismissed and believe it was unfair, contact Redmans Solicitors today. As employment experts, our team can assess your case, answer your queries, and discuss how you could proceed. We can also determine your eligibility to claim compensation and guide those eligible through the legal process.

To begin, simply:

• Give us a call on 020 3397 3603
• Complete our online form to request a callback

Tribunal Finds BT Teams “Inciting Violence” Dismissals Unfair

In Mr Kasam Khokhar and Ms Lynsey Miller v British Telecommunications Plc, two call-centre workers were dismissed for gross misconduct after a Microsoft Teams conversation between them from 22 October 2024 was revealed:

Mr Khokhar: “Here I’d love to boot A [a colleague of the Claimants’] full force in the fanny eh.”

Ms Miller: “doo it.”

Mr Khokhar: “You just cannae boot a woman in the fud nowadays. World’s gone woke. I miss the good old days where you could belt a lassie for being lippy.”

Ms Miller: “I can.”

Mr Khokhar: “Ahhh the ’60s, what a time to be alive.”

The conversation came to light following a corporate investigation, initiated due to allegations of misuse of BT communications. BT concluded that the comments were inciting violence and hate against a colleague, leading to the pair’s suspensions and subsequent dismissals.

However, during proceedings, the employment tribunal found multiple flaws in BT’s investigation. While Mr Khokhar and Ms Miller acknowledged the inappropriateness of their comments, they argued that the statements constituted workplace banter, not genuine threats. Ms Miller added that during a stressful remote working period, Teams was the only channel through which colleagues could vent.

Read More: NHS Whistleblower Awarded £1.4m After Being Unfairly Dismissed

Scrutiny of BT’s investigation found that the telecommunications provider had approached the matter with a closed mind. It hadn’t considered the Claimants’ version of events or mitigating circumstances, such as Ms Miller dealing with “considerable personal stress” at the time.

As a result, the tribunal held that no reasonable employer would have found the pair were inciting violence in their comments, ruling their dismissals unfair. Mr Kasam Khokhar was subsequently awarded £26,395.94 in compensation, while Ms Lynsey Miller received £31,553.04.

What Does “Inciting Violence” Mean in Employment Law?

In criminal law, behaviour commonly described as “inciting violence” may amount to offences under the Serious Crime Act 2007, which criminalises intentionally encouraging or assisting criminal conduct. However, there’s no comparable single definition in UK employment law. Instead, employment tribunals consider allegations of incitement against various factors to determine whether it constitutes serious misconduct, warranting dismissal.

Since an employer has a duty to protect the welfare of its workforce, dismissal for inciting violence may be permissible, depending on:

• Intent: Was there a genuine attempt to encourage violence, or was it hyperbole or banter?
• Context: What was the nature of the conversation and workplace culture?
• Likelihood of harm: Was there any realistic prospect that violence would occur?
• Impact on others: Did the comments cause distress or create a hostile environment?
• Employer Policies: What do internal rules say about conduct and communication?

Looking back at the BT case, while the corporate investigation uncovered inappropriate conduct, this was deemed to be banter rather than a genuine threat. This is an important distinction because, as noted above, the dismissals were ultimately ruled unfair.

Can You Be Dismissed for Messages Sent in Work Chats?

It’s important to emphasise that while Mr Khokhar and Ms Miller were unfairly dismissed for allegedly inciting violence via workplace communication tools, this doesn’t automatically protect everyone, all the time.

Employees can be dismissed for messages sent via work messaging software and, in some circumstances, private work-related group chats. Whether a dismissal in such circumstances is lawful, though, will depend on whether it’s fair.

Read More: Employment and Social Media: Tribunal Suspends NHS Doctor over Online Posts

For a dismissal to be lawful in the UK, it must occur for a fair reason, including conduct or capability, and following a fair process. Prior to terminating an employee’s contract, the employer must conduct a reasonable, comprehensive, and impartial investigation, consider all available evidence, and act within the “range of reasonable responses.” It should also comply with the Acas Code of Practice.

From an employer’s perspective, this means ensuring any dismissal only occurs if both a fair reason is found and procedure is followed. That said, employees must be aware that what they say in such communication channels may affect their employment. As a good rule of thumb, if an employee wouldn’t say something in an office context, it’s advisable to exclude it online.

Unfairly Dismissed? What to do Next

If an individual believes they’ve been dismissed unfairly, swift action is essential. Several steps can be pursued to seek justice, but if a claim is required, strict time limits apply.

Before proceeding, it’s usually wise to gather as much evidence as possible. Among other things, this could include emails, text messages, or witness contact information for future statements. Taking this step ensures one’s case is as strong as possible.

Once evidence has been collected, the next step is usually to consider internal avenues. Depending on the circumstances, discussing the matter informally with HR or raising a formal grievance could be appropriate. Both options can prevent the matter from escalating and help resolve it quickly, but a grievance places additional legal obligations on the employer.

Where internal channels prove unsuccessful, though, initiating early conciliation through Acas may be required. This independent and free process is necessary before most claims can be brought. It also pauses the clock on bringing an employment tribunal claim, providing more time to find an informal resolution.

However, as a last resort, individuals can consider tribunal claims. Strict eligibility criteria and time limits must be satisfied to proceed, but if successful, compensation could be awarded.

Get Help with Redmans

If you believe you’ve been unfairly dismissed, contact Redmans Solicitors now. Our team of employment specialists is here to help. Following a brief chat, we can assess your case, provide the answers you’re looking for, and give expert advice.

It only takes a moment to learn how we can help you, simply:

• Call 020 3397 3603
• Request a callback via our online form