Dismissed for a racist tweet: employer failed to investigate mental health impact
A supervisor with depression was unfairly dismissed after posting an offensive tweet while on furlough. The tribunal found Stagecoach failed to consider his mental health before deciding to dismiss.
1 min read · Last updated 18 May 2026
Case details
- #long-term-sickness
- #depression
- #furlough
- #social-media-policy
- #racist-tweet
- #freedom-of-expression
Key facts
- Mr Jeffries was employed by Stagecoach South East as a Supervisor of Special Services from 16 September 2019.
- He was placed on furlough in March 2020 due to the closure of the Stagecoach Express service during the COVID-19 pandemic.
- On 11 June 2020, Mr Jeffries posted a tweet in response to Dr Shola Mos-Shogbamimu that was found to be racist and offensive.
- Stagecoach investigated and dismissed Mr Jeffries for gross misconduct on 23 June 2020, citing breach of its social media policy.
- Mr Jeffries had a history of depression and raised his mental health as a mitigating factor during the disciplinary process.
- The tribunal found the dismissal unfair because Stagecoach failed to reasonably investigate the impact of Mr Jeffries' mental health on his conduct.
Timeline
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Employment started
Mr Jeffries began working for Stagecoach as a driver.
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Promotion to Supervisor
Mr Jeffries became Supervisor of Special Services at Herne Bay and Dover depots.
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Placed on furlough
Mr Jeffries was told his role was not needed and placed on furlough due to COVID-19.
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Email requesting return to work
Mr Jeffries emailed managers expressing desire to return to work, citing financial concerns and mental health.
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Message to Managing Director
Mr Jeffries messaged Joel Mitchell reiterating his wish to return to work for his sanity.
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Offensive tweet posted
Mr Jeffries posted a tweet that was perceived as racist, leading to complaints.
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Investigation meeting
Mr Jeffries attended a telephone investigation with Krystian Kaczala.
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Disciplinary hearing and dismissal
Ms Jones dismissed Mr Jeffries for gross misconduct without notice.
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First appeal hearing
Ms Howe heard the appeal and upheld the dismissal.
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Final appeal hearing
Mr Wallis heard the final appeal, referred Mr Jeffries to occupational health, and upheld dismissal.
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Final appeal outcome
Mr Wallis confirmed the dismissal after receiving occupational health report.
The legal issue
The tribunal had to decide whether Stagecoach unfairly dismissed the claimant by failing to take into account his mental health when deciding to dismiss him for posting a racist tweet, and whether the dismissal fell within the range of reasonable responses.
The outcome
The tribunal found that Stagecoach unfairly dismissed the claimant. The key reason was that the employer did not properly investigate how his depression may have affected his behaviour before deciding to dismiss him. The claimant's disability discrimination claims were dismissed.
Compensation will be determined at a separate remedies hearing.
Lessons & takeaways
- Employers must investigate any known mental health conditions as part of a disciplinary process, even when the misconduct appears clear-cut.
- Long-serving employees may expect a more thorough process, but even shorter-service employees are entitled to a reasonable investigation.
- Being on furlough does not exempt an employee from company policies, but it may be relevant to the context of misconduct.
- Claimants should ensure they provide all relevant medical evidence early in the process to support their case.
What this case shows
A supervisor with four years' service was placed on furlough during the pandemic. While at home, he posted a tweet that was widely condemned as racist. Stagecoach investigated and dismissed him for gross misconduct within 12 days. The tribunal accepted the tweet was offensive and that dismissal was a possible outcome, but found the process flawed because the employer did not properly consider the claimant's depression.
The claimant had raised his mental health as a factor, but Stagecoach did not seek medical advice or explore whether his condition contributed to his actions. The tribunal said this failure put the dismissal outside the range of reasonable responses.
What could have been done differently
Stagecoach could have paused the process to obtain an occupational health report or at least discuss the claimant's mental health with his GP. Even a brief inquiry might have satisfied the requirement to investigate. The employer's own appeal handler later referred the claimant to occupational health, but by then the decision to dismiss had already been made.
Why this matters
This case is a reminder that employers cannot treat misconduct in isolation when they know about an employee's disability. The duty to make reasonable adjustments and to consider the impact of a condition applies throughout disciplinary proceedings. For employees, it shows the importance of clearly raising health issues and, if possible, providing medical evidence early on.
A remedies hearing will decide the compensation, which may be reduced if the tribunal finds the claimant contributed to his own dismissal.
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