Thumbs up emoji on WhatsApp: four concierges unfairly dismissed over group chat
Four employees dismissed for posting a thumbs up emoji in a WhatsApp group were unfairly dismissed, the tribunal has ruled. The employer had no reasonable grounds to believe its policies were breached.
1 min read · Last updated 18 May 2026
Case details
- #whatsapp-group
- #thumbs-up-emoji
- #defamatory-comments
- #failure-to-report
- #breach-of-trust
- #acas-code-uplift
Key facts
- All four claimants were dismissed for their involvement in a WhatsApp group that discussed grievances against senior management.
- The claimants' participation was limited to joining the group and posting 'I'm in' or a thumbs up emoji.
- The respondent's policies on email, internet, and social media did not clearly cover private WhatsApp messages.
- The tribunal found the respondent did not have reasonable grounds to believe the policies were breached.
- The dismissals were both procedurally and substantively unfair.
- The appeal process did not cure the deficiencies in the original disciplinary process.
Timeline
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Death of Jon Pope
Jonathan Pope, the respondent's technical services manager, passed away. He was a popular and hard-working employee.
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WhatsApp group created
A WhatsApp group called 'Voicesunited 199' was created. The claimants joined and posted 'I'm in' or thumbs up emojis in response to a message calling for the suspension and investigation of senior managers.
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Manager alerted to WhatsApp messages
Chris Barrass was shown screenshots of the WhatsApp messages by a member of staff, who suggested he was being blamed for Jon Pope's death.
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Investigation meeting with HR consultant
Chris Barrass met with Jo Meredith, an independent HR consultant, to discuss the WhatsApp messages and initiate an investigation.
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Investigatory interviews for Chris Schneider and Raffaele Nigro
Jo Meredith conducted investigatory interviews with Chris Schneider and Raffaele Nigro. Both admitted their involvement in the WhatsApp group.
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Investigatory interviews for Jarek Bak and Heinrich Grethe
Jo Meredith interviewed Jarek Bak and Heinrich Grethe. Both admitted joining the group and posting emojis.
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Disciplinary hearings for Chris Schneider and Heinrich Grethe
Tony Stedman conducted disciplinary hearings for Chris Schneider and Heinrich Grethe. Both were dismissed for gross misconduct.
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Disciplinary hearings for Jarek Bak and Raffaele Nigro
Tony Stedman conducted disciplinary hearings for Jarek Bak and Raffaele Nigro. Both were dismissed for gross misconduct.
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Appeal hearings
Appeal hearings were held for Chris Schneider, Jarek Bak, and Raffaele Nigro. Heinrich Grethe did not appeal.
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Appeal decisions
Chris Barrass issued letters refusing the appeals of Chris Schneider, Jarek Bak, and Raffaele Nigro.
The legal issue
The tribunal had to decide whether the employer had a fair reason for dismissing the employees for misconduct, and whether the dismissals were fair in all the circumstances, including whether the employer had reasonable grounds to believe the employees breached policies and whether dismissal was within the range of reasonable responses.
The outcome
The tribunal found that all four claimants were unfairly dismissed.
The key reasons were:
- The employer's policies on email, internet, and social media did not clearly cover private WhatsApp messages.
- The employer did not have reasonable grounds to believe the policies were breached by simply joining a group and posting a thumbs up emoji.
- The dismissals were both procedurally and substantively unfair, and the appeal process did not cure the deficiencies.
Compensation will be determined at a separate remedy hearing.
Lessons & takeaways
- Employers should ensure their social media policies explicitly cover private group chats if they intend to discipline employees for comments made there.
- A single emoji like a thumbs up is unlikely to be sufficient evidence of agreement to defamatory comments for a fair dismissal.
- Employees with long service deserve a thorough investigation and fair process before dismissal, even in cases of alleged misconduct.
- An appeal process that does not address procedural flaws in the original hearing will not make an unfair dismissal fair.
When a thumbs up emoji costs you your job
Four long-serving employees of a Knightsbridge residents' management company were dismissed for their involvement in a WhatsApp group. Their participation? Joining the group and posting 'I'm in' or a thumbs up emoji. The group had been created to discuss grievances against senior management following the death of a popular colleague.
The employer argued the employees had breached its email, internet, and social media policies, displayed agreement to defamatory comments, and failed to report them. But the tribunal found that the policies did not clearly cover private WhatsApp messages, and that a thumbs up emoji did not amount to reasonable grounds for believing the employees agreed with the defamatory comments.
What the employer could have done differently
The tribunal highlighted several failings. The investigation was limited, and the disciplinary hearing did not allow the employees to challenge key evidence. The appeal process simply repeated the same flaws. A more thorough investigation, clearer policies, and a proportionate response—such as a warning rather than dismissal—might have avoided this outcome.
Why this matters
This case is a reminder that employers cannot rely on vague policies to discipline employees for private communications. It also shows that even a single emoji can be the subject of a dismissal claim—and that tribunals will scrutinise whether the employer had reasonable grounds for its belief. For employees, it underscores the importance of understanding your employer's policies, but also that a fair process is a legal requirement, not an optional extra.
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