Finance Administrator Constructively Unfairly Dismissed Over “Dragon P*rn” WhatsApp Messages

Published : March 6, 2026

A recent employment tribunal decision highlights the risks employers face when relying on employees’ private communications for disciplinary action. In Coleman v Thermoelectric Conversion Systems Ltd, a finance administrator successfully claimed she had been constructively unfairly dismissed after her employer accessed and relied upon personal WhatsApp messages about a “steamy” fantasy audiobook, jokingly described as “dragon porn”.

The case provides an important reminder to employers about the boundaries of workplace monitoring and disciplinary processes, and the implied term of trust and confidence that underpins employment relationships. It also illustrates how employees may be able to bring claims for constructive dismissal, unfair dismissal, and wrongful dismissal where those obligations are breached.

If you think you’ve been unfairly dismissed, get in touch now. Redmans Solicitors are employment experts. Following a quick chat, we can answer your questions, provide specialist advice, and guide those eligible through the process. To learn more about how we can help, simply:

The Facts in Coleman v Thermoelectric Conversion Systems Ltd

Constructively Unfairly Dismissed: Background to the Case

Ms K L Coleman (“the Claimant”) worked as a finance administrator for Thermoelectric Conversion Systems Ltd (TCS) (“the Respondent”), a research and development company based in Clydebank, Scotland. As part of her role, she used a company computer and had downloaded her personal WhatsApp account onto it after the employer asked staff to do so.

Among colleagues, the Claimant was known as an enthusiastic reader of fantasy novels. During her employment, she exchanged WhatsApp messages with a colleague discussing an audiobook she was listening to while working. In one message, she commented that the book had “just got steamy (again)”, to which her colleague jokingly replied “haha oh ur big dragon porn”.

Read More: Record High Zero-Hours Workers Despite Pending Crackdown

“Steamy” Messages Uncovered at Work

At some point, the Respondent’s managing director, Dr Jonathan Siviter, accessed the Claimant’s work computer while searching for a spreadsheet. During this process, he came across her WhatsApp messages. Instead of limiting his review to work-related material, he began reading through her personal conversations and eventually gathered around 30 pages of private WhatsApp messages.

Several of these messages raised concerns for the Respondent. The first was the exchange about the “steamy” audiobook, which the employer interpreted as possible evidence that the Claimant had accessed or downloaded pornographic material using company equipment.

The second issue involved a message the Claimant had sent expressing frustration about a colleague who repeatedly slammed a door in the office. In that message, she wrote that she would “slam [the colleague’s] face against the desk if he keeps it up”. The Respondent interpreted this comment as a genuine threat, partly because she had experience as a cadet instructor and was therefore perceived as potentially capable of violence.

Claimant Alleges She’s Been Constructively Unfairly Dismissed Following Suspension

Following the discovery of the messages, the Claimant received a letter informing her that she had been suspended pending disciplinary proceedings. The Respondent alleged that her behaviour amounted to gross misconduct, citing inappropriate language, misuse of company resources, and accessing pornographic content.

The disciplinary process then raised further issues. The Claimant arranged for a trade union representative, Mr McVeigh, to accompany her to the disciplinary hearing. However, the Respondent stated that he could only provide support and would not be permitted to speak on her behalf. When the hearing took place, the representative was ultimately not allowed to attend in the capacity required.

The Claimant believed the Respondent had already decided the outcome and that she would not receive a fair hearing. As a result, she resigned shortly before the disciplinary meeting, concluding that the employment relationship had broken down irreparably.

She subsequently brought claims in the employment tribunal for constructive unfair dismissal and wrongful dismissal.

The Employment Tribunal Judgment

Claimant Was Found to Have Been Constructively Unfairly Dismissed

The case was heard before Employment Judge David Hoey at the Glasgow Employment Tribunal. After considering the evidence and submissions from both parties, the tribunal ruled in the Claimant’s favour.

The tribunal concluded that the Claimant had been constructively unfairly dismissed. It found that the Respondent’s conduct had seriously undermined the relationship of trust and confidence between the parties.

Key Issues That Led to the Ruling

One of the key issues considered by the tribunal was the Respondent’s decision to read the Claimant’s private WhatsApp messages. While the managing director had a legitimate reason to access the computer in order to locate a work-related file, the tribunal found that this did not justify reviewing clearly personal conversations.

The tribunal described the Respondent’s actions as “wholly unreasonable and entirely without justification”. The messages were clearly private exchanges between colleagues and were sent outside of working hours.

Furthermore, the tribunal found there was no reasonable basis for the Respondent’s conclusion that the Claimant had accessed pornographic content. The messages referred to a fantasy audiobook that had been jokingly described as “dragon porn”, but there was no evidence that the content itself was inappropriate or that she had breached company policies.

The tribunal also examined the message about “slamming” a colleague’s face against a desk. In context, the judge found this was simply an expression of frustration shared privately with a friend rather than a genuine threat of violence.

Read More: Dismissed for Inciting Violence: When Is It Unfair in the UK?

However, the tribunal’s ultimate finding of constructive dismissal was primarily based on procedural issues. In particular, the Respondent had breached the Claimant’s statutory right to be accompanied at a disciplinary hearing under section 10 of the Employment Relations Act 1999. The Respondent incorrectly restricted the representative’s role and prevented him from carrying out the statutory functions required during the hearing.

This error contributed to the Claimant’s belief that the disciplinary process would not be fair and that the outcome had effectively been predetermined. The tribunal accepted that this breakdown in trust justified her decision to resign.

In addition, the tribunal determined that the Claimant had been wrongfully dismissed because she had not received the notice pay to which she was contractually entitled.

Compensation Awarded

The tribunal therefore awarded compensation, including:

  1. A basic award of £1,230.76.
  2. A compensatory award of £4,923.04.
  3. An additional £500 for loss of statutory rights.
  4. A 25% uplift of £1,355.76.

This resulted in a total compensation award of £6,778.80, with the overall settlement reaching just over £8,000 once other factors were taken into account.

What Is Constructive Dismissal Under UK Law?

Constructive dismissal occurs when an employee resigns in response to their employer’s fundamental breach of contract. Rather than being dismissed directly, the employee leaves because the employer’s conduct renders the employment relationship impossible to continue.

The legal basis for constructive dismissal is found in section 95(1)(c) of the Employment Rights Act 1996. To succeed in such a claim, an employee must generally show three things.

  1. The employer committed a fundamental breach of contract. This is often a breach of the implied term of mutual trust and confidence, which requires employers not to act in a way that destroys or seriously damages the working relationship.
  2. The employee resigned in response to that breach.
  3. The employee did not delay too long before resigning, as doing so may be seen as accepting the employer’s conduct.

Examples of conduct that may amount to constructive dismissal include serious bullying or harassment, unilateral changes to pay or job duties, failure to address grievances, or unfair disciplinary processes.

In Coleman’s case, the tribunal found that the employer’s handling of the disciplinary process, combined with the misuse of private communications and the restriction of her right to representation, undermined trust and confidence to such an extent that resignation was justified.

Unfair Dismissal and Wrongful Dismissal

Constructive dismissal often leads to a claim for unfair dismissal, but the two concepts are distinct.

Unfair dismissal occurs where an employee is dismissed without a fair reason or without following a fair procedure. Under UK law, fair reasons for dismissal typically include capability, conduct, redundancy, statutory restriction, or “some other substantial reason”.

Read More: Employee Wins Unfair Dismissal Claim As Employer Fails to Follow Fair Termination Process 

Even where a potentially fair reason exists, employers must still follow a reasonable process. This usually involves investigating the allegations, informing the employee of the case against them, allowing them to respond, and giving them the right to be accompanied at disciplinary hearings.

Wrongful dismissal, by contrast, relates to breach of contract, usually involving failure to provide the contractual notice period or payment in lieu of notice.

The Coleman case demonstrates how these claims can arise together. The tribunal found both that the Claimant had been constructively unfairly dismissed and that the employer had wrongfully dismissed her by failing to provide appropriate notice pay.

Options for Employees Who Believe They Have Been Constructively Dismissed

Employees who believe they have been constructively dismissed have several potential options under UK employment law.

  1. Raising a formal grievance. Before resigning, employees are usually encouraged to raise their concerns internally through the employer’s grievance procedure. This may allow the issue to be resolved without litigation.
  2. Resigning and bringing a claim. If the employer’s conduct amounts to a fundamental breach of contract, the employee may resign and pursue a claim for constructive dismissal in the employment tribunal.
  3. Early conciliation through ACAS. Before submitting a tribunal claim, employees must notify Acas and participate in the early conciliation process, which aims to resolve disputes without formal proceedings.
  4. Employment tribunal proceedings. If the dispute cannot be resolved through conciliation, the employee may bring a claim before the employment tribunal. In most cases, the claim must be submitted within three months less one day of the dismissal.
  5. Seeking legal advice. Employment law claims can be complex and fact-specific. Obtaining advice from experienced employment solicitors can help individuals assess the strength of their case and understand their rights.

Lessons for Employers and Employees

The Coleman decision illustrates the importance of maintaining proper boundaries when handling employees’ personal communications and of ensuring disciplinary procedures are conducted fairly.

For employers, the case highlights the risks of relying on information obtained from private sources without considering privacy expectations and context. Employers must also ensure that employees’ statutory rights during disciplinary proceedings, including the right to be accompanied, are respected.

For employees, the case demonstrates that resignation does not necessarily mean losing the ability to bring a claim for dismissal. Where an employer’s conduct fundamentally breaches the employment contract, employees may still pursue compensation through a claim for constructive dismissal.

Ultimately, the decision serves as a reminder that employment relationships are built on trust and confidence. When those foundations are undermined, the legal consequences can be significant.

Get Help with Redmans

If you’ve experienced an unfair dismissal, several legal options are available. Redmans Solicitors are employment specialists, and after a quick chat, we can provide expert advice. We can also assess your eligibility to make a claim and guide those eligible through the process.

To begin your journey with us today, please:

The information on this page is intended for general informational purposes only and does not constitute legal advice.